Jones v. Kuppinger et al

Filing 205

ORDER signed by Magistrate Judge Allison Claire on 12/5/2019 DENYING 204 Motion for Transfer. On or before 1/3/2020, Plaintiff to file and serve a statement identifying any dates that he is unavailable to proceed with trial through June 2020. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

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No. 2:13-cv-0451 AC P

Plaintiff,
v.
ORDER
P. KUPPINGER, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action. On November

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14, 2019, the court granted the request of plaintiff’s appointed counsel to withdraw his

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representation of plaintiff and vacated the trial date. See ECF Nos. 197-99. On November 15,

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2019, the court directed plaintiff and defense counsel to submit their respective black-out dates

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for the purpose of rescheduling trial. ECF No. 200. On November 26, 2019, plaintiff’s formerly

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appointed counsel informed the court that he had forwarded all of his legal documents in this case

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to plaintiff at his regular place of incarceration, R.J. Donovan Correctional Facility. ECF No.

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201. On November 27, 2019, defense counsel filed a statement identifying defendants’ black-out

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dates. ECF No. 202.

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On December 4, 2019, plaintiff filed two documents informing the court that he is still

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temporarily housed at California State Prison Sacramento (CSP-SAC), where he was transferred

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for purposes of trial. Plaintiff states that he does not have any of his legal documents and is
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therefore unable to identify his black-out dates or prepare any legal responses. See ECF Nos.

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203-04. Plaintiff requests an emergency transfer back to R.J. Donovan to review his legal

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documents and obtain previously authorized medical care and requests a “35-day extension for

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trial.” ECF No. 204 at 2. Plaintiff states that he has refused to pursue medical care at CSP-SAC

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to avoid a longer incarceration there.

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This court has no authority to direct the California Department of Corrections and

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Rehabilitation to change plaintiff’s place of incarceration or expedite his return to R.J. Donovan.

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It is well established that prisoners have no federal constitutional right to placement in a particular

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facility or protection from being transferred from one institution to another. Meachum v. Fano,

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427 U.S. 215, 224-225 (1976).

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The court construes plaintiff’s filings as a request for extended time to file and serve a

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statement identifying any dates that he is unavailable to proceed with trial through June 2020.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for transfer, ECF No. 204, is denied.

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2. On or before January 3, 2020, plaintiff shall file and serve a statement identifying any

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dates that he is unavailable to proceed with trial through June 2020; failure to timely file such

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statement will be construed to reflect plaintiff is available throughout that period and trial will be

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set accordingly.

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IT IS SO ORDERED.
DATED: December 5, 2019

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