Farley v. Virga et al

Filing 103

ORDER signed by Magistrate Judge Kendall J. Newman on 5/28/2015. Clerk directed to serve a copy of plaintiff's 5/7/2015 102 Motion for Restraining Order on the Warden of California State Prison-Corcoran at P.O. Box 3461 in Corcoran, California 93212-3461. Within 10 days of date of this Order, the Warden at Corcoran shall file the Briefing described in text of Order. [cc: Warden / Corcoran State Prison] (Marciel, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 WILLIAM D. FARLEY, 11 No. 2:13-cv-1751 WBS KJN P Plaintiff, 12 v. 13 T. VIRGA, et al., 14 ORDER Defendants. 15 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 17 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s May 7, 2015 motion for injunctive 18 relief. (ECF No. 102.) For the following reasons, the Warden of California State Prison- 19 Corcoran (“Corcoran”) is ordered to file a response. 20 This action is proceeding on plaintiff’s amended complaint filed November 13, 2013. 21 (ECF No. 11) All events alleged occurred at California State Prison-Sacramento (“CSP-Sac”), 22 where defendants are located. Plaintiff alleges that he was sexually battered by defendants 23 Delaney, Higgins, May, Gonzales and Scoggins. Plaintiff also alleges that he was severely beaten 24 in building B-3 less than an hour after defendant Meirs ordered him to go to there. 25 Plaintiff is currently housed at Corcoran. Plaintiff alleges that on April 30, 2015, his 26 doctors at Corcoran reclassified him as Enhanced Outpatient (“EOP”) status. Plaintiff alleges that 27 the only prison he can be transferred to with this new classification is CSP-Sac. Plaintiff alleges 28 that his life will be in danger if he is housed at CSP-Sac, where defendants are located. Plaintiff 1 1 alleges that he is on a hunger strike to protest his transfer to CSP-Sac. 2 No defendants are located at Corcoran. Usually persons or entities not parties to an action 3 are not subject to orders for injunctive relief. Zenith Radio Corp. v. Hazeltine Research, Inc., 395 4 U.S. 100 (1969). However, the fact that one is not a party does not automatically preclude the 5 court from acting. The All Writs Act, 28 U.S.C. § 1651(a), permits the court to issue writs 6 “necessary or appropriate in aid of their jurisdiction and agreeable to the usages and principles of 7 law.” See generally S.E.C. v. G.C. George Securities, Inc., 637 F.2d 685 (9th Cir. 1981); United 8 States v. New York Telephone Co., 434 U.S. 159 (1977). This section does not grant the court 9 plenary power to act in any way it wishes; rather the All Writs Act is meant to aid the court in the 10 exercise and preservation of its jurisdiction. Plum Creek Lumber Company v. Hutton, 608 F.2d 11 1283, 1289 (9th Cir. 1979). The undersigned is concerned by plaintiff’s claim that he is on a hunger strike to protest a 12 13 transfer to a prison where he was allegedly sexually assaulted and beaten. For that reason, the 14 Warden of Corcoran is directed to file a status report addressing plaintiff’s claim that he is set to 15 be transferred to CSP-Sac, and whether plaintiff’s claims regarding being sexually assaulted and 16 beaten at that prison have been taken into account. The Warden shall also address the status of 17 plaintiff’s alleged hunger strike.1 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. The Clerk of the Court is directed to serve a copy of this order and plaintiff’s May 7, 20 2015 motion for injunctive relief on the Warden of California State Prison-Corcoran, California 21 State Prison-Corcoran, P.O. Box 3461, Corcoran, California, 93212-3461; 22 2. Within ten days of the date of this order, the Corcoran Warden shall file the briefing 23 described above. 24 Dated: May 28, 2015 25 26 27 28 Far1751.otd 1 Records from the California Department of Corrections and Rehabilitation (“CDCR”) indicate that as of May 27, 2015, plaintiff is still housed at Corcoran. 2

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