Cordero v. Guzman et al

Filing 92

ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/16 ORDERING that within 10 days of the date of this order, the RJDCF Warden shall file a status report addressing plaintiffs access to his legal property; The Clerk of the Court is directed to serve this order and a copy of plaintiffs November 5, 2015 motion for judicial intervention (ECF No. 87 ) and January 4, 2016 letter (ECF No. 89 ) on the Warden of R.J. Donovan Correctional Facility, R.J. Donovan Correctional Facility, 480 Alta Road, San Diego, California, 92179 and Supervising Deputy Attorney General Monica Anderson. (cc Monica Anderson)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDY M. CORDERO,

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Plaintiff,

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No. 2: 13-cv-1551 JAM KJN P

v.

ORDER

NICK GUZMAN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s November 5, 2015 motion for judicial

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intervention. (ECF No. 87.)

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On September 14, 2015, an evidentiary hearing was held in this action before the

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undersigned. In the pending motion, plaintiff alleges that following his return to the R.J.

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Donovan Correctional Facility (“RJDCF”) after the evidentiary hearing, Receiving and Release

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prison staff refused to give plaintiff his plastic storage container containing his legal property that

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plaintiff had brought to the evidentiary hearing.

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On January 4, 2016, plaintiff filed a letter with the court stating that RJDCF prison

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officials in Receiving and Release still refuse to give him his legal property related to the instant

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action that he took with him to the evidentiary hearing in Sacramento. (ECF No. 89.)

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No defendants are located at the RJDCF. Usually persons or entities not parties to an

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action are not subject to orders for injunctive relief. Zenith Radio Corp. v. Hazeltine Research,

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Inc., 395 U.S. 100 (1969). However, the fact that one is not a party does not automatically

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preclude the court from acting. The All Writs Act, 28 U.S.C. § 1651(a) permits the court to issue

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writs “necessary or appropriate in aid of their jurisdiction and agreeable to the usages and

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principles of law.” See generally S.E.C. v. G.C. George Securities, Inc., 637 F.2d 685 (9th Cir.

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1981); United States v. New York Telephone Co., 434 U.S. 159 (1977). This section does not

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grant the court plenary power to act in any way it wishes; rather the All Writs Act is meant to aid

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the court in the exercise and preservation of its jurisdiction. Plum Creek Lumber Company v.

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Hutton, 608 F.2d 1283, 1289 (9th Cir. 1979).
The court is concerned that it may lose jurisdiction if plaintiff cannot prosecute this action

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because he is being denied access to his legal property. Accordingly, the RJDCF Warden is

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directed to file a status report addressing plaintiff’s access to his legal property, including the

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plastic storage container that plaintiff alleges was not returned to him following his return to

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RJDCF after the evidentiary hearing.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within ten days of the date of this order, the RJDCF Warden shall file a status report

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addressing plaintiff’s access to his legal property;
2. The Clerk of the Court is directed to serve this order and a copy of plaintiff’s

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November 5, 2015 motion for judicial intervention (ECF No. 87) and January 4, 2016 letter (ECF

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No. 89) on the Warden of R.J. Donovan Correctional Facility, R.J. Donovan Correctional

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Facility, 480 Alta Road, San Diego, California, 92179 and Supervising Deputy Attorney General

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Monica Anderson.

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Dated: January 8, 2016

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Cor1551.leg
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