Childs v. State of California et al

Filing 95

ORDER signed by Magistrate Judge Edmund F. Brennan on 06/22/16 ordering that defense counsel inquire into plaintiffs allegations, and, within seven days from the date of this order, file a response to plaintiffs motion, including: (1) whether plaint iff is being provided mental health treatment, (2) whether plaintiff has been transferred within the last year or is being considered for transfer, (3) whether plaintiff is being provided timely access to his legal mail and other legal materials, and (4) the cause of the injuries documented in the attachment to plaintiffs motion. (Plummer, M) Modified on 6/22/2016 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E. CHILDS,

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No. 2:13-cv-670-TLN-EFB P
Plaintiff,

v.

ORDER

STATE OF CALIFORIA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983 alleging abuse by correctional officers within the mental health unit housing

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plaintiff. Plaintiff has filed a motion requesting a temporary restraining order and appointment of

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counsel. ECF No. 93. Plaintiff alleges that he is being beaten, transferred, and deprived of his

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legal mail due to his litigation of this case. Defendants have filed no response.

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The motion states,

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I would like to have an emergency temporary injunction under section 1983 and
while this action is still in motion.

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I have been attacked by numerous of C/O’s in CDCR. I am been [sic] harassed
and beat over (7) times and transferred (3) times out of the prison for no reason
then sent back to R.J.D. I have been threated [sic] and I’m under heavy duress
where my life is in harm’s way over this case #2:13-CV-00670. The C/O’s here
is writing me up and attacking me every time I come out my cell. I have lots of
witnesses and I was beat today on 4-28-16 and I have medical reports and other
things. I believe if the courts don’t step in at this moment I am going to die.
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I have been told to drop this case. I am a mental patient and I don’t know what to
do. Could you please send a lawyer of anyone to investigate this. I filed and
injunction [sic] twice on this.
Action: I need the courts to step in and help and force the CDCR C/O’s to stop
using excessive force on me for having a right to have access to the courts. Also
have someone talk to me and grant me a lawyer just to help get let me out of ASU
(hole) [sic].

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Also have this place give me my legal mail.
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HELP!
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ECF No. 93 at 1-2. Appended to the motion is a CDCR form entitled “Medical Report of Injury

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or Unusual Occurrence” dated April 28, 2016 documenting two abrasions and one swollen area

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on plaintiff’s body. Id. at 3. The nurse who prepared the form wrote that plaintiff said, “I been

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attacked multiple times due to ongoing case against CDCR” and “I been attacked by Sgt.

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[illegible name, possibly Murada or Minada].” Id.

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Plaintiff’s allegations regarding his treatment by unidentified California Department of

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Corrections and Rehabilitation staff are cause for concern. Accordingly, the court hereby

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ORDERS that defense counsel inquire into plaintiff’s allegations, and, within seven days from the

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date of this order, file a response to plaintiff’s motion, including: (1) whether plaintiff is being

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provided mental health treatment, (2) whether plaintiff has been transferred within the last year or

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is being considered for transfer, (3) whether plaintiff is being provided timely access to his legal

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mail and other legal materials, and (4) the cause of the injuries documented in the attachment to

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plaintiff’s motion.

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So ordered.
DATED: June 22, 2016.

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