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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM D. FARLEY,

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No. 2:13-cv-1751 WBS KJN P

Plaintiff,

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v.

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T. VIRGA, et al.,

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ORDER

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 May 7, 2015 motion for injunctive

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relief. (ECF No. 102.) For the following reasons, the Warden of California State Prison-

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Corcoran (“Corcoran”) is ordered to file a response.

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This action is proceeding on plaintiff’s amended complaint filed November 13, 2013.

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(ECF No. 11) All events alleged occurred at California State Prison-Sacramento (“CSP-Sac”),

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where defendants are located. Plaintiff alleges that he was sexually battered by defendants

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Delaney, Higgins, May, Gonzales and Scoggins. Plaintiff also alleges that he was severely beaten

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in building B-3 less than an hour after defendant Meirs ordered him to go to there.

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Plaintiff is currently housed at Corcoran. Plaintiff alleges that on April 30, 2015, his

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doctors at Corcoran reclassified him as Enhanced Outpatient (“EOP”) status. Plaintiff alleges that

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the only prison he can be transferred to with this new classification is CSP-Sac. Plaintiff alleges

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that his life will be in danger if he is housed at CSP-Sac, where defendants are located. Plaintiff
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alleges that he is on a hunger strike to protest his transfer to CSP-Sac.

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No defendants are located at Corcoran. Usually persons or entities not parties to an action

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are not subject to orders for injunctive relief. Zenith Radio Corp. v. Hazeltine Research, Inc., 395

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

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

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

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law.” See generally S.E.C. v. G.C. George Securities, Inc., 637 F.2d 685 (9th Cir. 1981); United

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States v. New York Telephone Co., 434 U.S. 159 (1977). This section does not grant the court

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

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exercise and preservation of its jurisdiction. Plum Creek Lumber Company v. Hutton, 608 F.2d

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1283, 1289 (9th Cir. 1979).
The undersigned is concerned by plaintiff’s claim that he is on a hunger strike to protest a

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transfer to a prison where he was allegedly sexually assaulted and beaten. For that reason, the

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Warden of Corcoran is directed to file a status report addressing plaintiff’s claim that he is set to

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be transferred to CSP-Sac, and whether plaintiff’s claims regarding being sexually assaulted and

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beaten at that prison have been taken into account. The Warden shall also address the status of

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plaintiff’s alleged hunger strike.1

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to serve a copy of this order and plaintiff’s May 7,

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2015 motion for injunctive relief on the Warden of California State Prison-Corcoran, California

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State Prison-Corcoran, P.O. Box 3461, Corcoran, California, 93212-3461;

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2. Within ten days of the date of this order, the Corcoran Warden shall file the briefing

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described above.

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Dated: May 28, 2015

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Far1751.otd
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Records from the California Department of Corrections and Rehabilitation (“CDCR”) indicate
that as of May 27, 2015, plaintiff is still housed at Corcoran.
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