Farley v. Virga et al

Filing 113

ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/2015 ORDERING that on or before 7/17/2015 defendants shall file the status report discussed in this order.(Yin, K)

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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 are plaintiff’s May 7, 2015 and June 15, 2015

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motions for injunctive relief. (ECF Nos. 102, 106.) For the following reasons, defendants are

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directed to file a status report addressing plaintiff’s housing status following his transfer to

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California State Prison-Sacramento (“CSP-Sac”).

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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 alleged events occurred at CSP-Sac, where defendants are located. Plaintiff

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alleges that he was sexually battered by defendants Delaney, Higgins, May, Gonzales and

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Scoggins. Plaintiff also alleges that he was severely beaten in building B-3 less than an hour after

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defendant Meiers ordered him to go there.

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Plaintiff is currently housed at California State Prison-Corcoran (“Corcoran”). In the
motion for injunctive relief filed May 7, 2015, plaintiff alleged that on April 30, 2015, his doctors
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at Corcoran reclassified him as Enhanced Outpatient (“EOP”) status. Plaintiff alleged that the

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only prison he could be transferred to with this new classification was CSP-Sac. Plaintiff alleged

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that his life would be in danger were he housed at CSP-Sac, where defendants are located.

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In the motion for injunctive relief filed June 15, 2015, plaintiff alleged that defendant

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Gonzales had been transferred to Corcoran. Plaintiff alleged that defendant Gonzales was now in

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charge of the building and officers that worked in the building where plaintiff was housed.

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On June 18, 2015, Corcoran Warden Davey filed a response to plaintiff’s May 7, 2015

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motion for injunctive relief. (ECF No. 108.) According to Warden Davey, on June 18, 2015,

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plaintiff was endorsed for transfer to the Psychiatric Services Unit at Pelican Bay State Prison

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(“PBSP”).

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On July 1, 2015, Corcoran Warden Davey filed a response to plaintiff’s June 15, 2015

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motion for injunctive relief. (ECF No. 112.) According to Warden Davey, there is no person

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employed at Corcoran by the name of David Gonzales who is the defendant in this suit.

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Defendant Gonzales remains employed at CSP-Sac.

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In his July 1, 2015 response, Warden Davey also states that before plaintiff’s transfer to

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PBSP could be completed, the endorsement was required to be reviewed by a Classification Staff

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Representative (“CSR”), who had the option of either endorsing or overriding the committee’s

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action. On June 25, 2015, plaintiff’s transfer was reviewed by a CSR. The CSR overrode the

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endorsement of the classification committee, and instead endorsed plaintiff for transfer to the

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Psychiatric Services Unit at CSP-Sac.

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Warden Davey further states that plaintiff is currently on single cell and walk alone yard.

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The CSR noted that plaintiff had enemy concerns at CSP-Sac, and advised receiving staff to

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review and house plaintiff with caution upon transfer. Warden Davey also states that upon his

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arrival at CSP-Sac, plaintiff will appear for an initial classification committee hearing. At that

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time, the committee will consider where at CSP-Sac plaintiff may be housed, taking into account

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plaintiff’s mental health status, safety and enemy concerns, classification score, disciplinary

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history and any other relevant case factors. Warden Davey states that plaintiff will be transferred

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to CSP-Sac sometime during the week of July 6, 2015.
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Defendants are directed to file a status report addressing whether plaintiff will be housed

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in a section of CSP-Sac where he will have contact with any defendant. Defendants shall file this

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status report on or before July 17, 2015. If defendants do not know where in CSP-Sac plaintiff

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will be housed by that date, they shall notify the court.

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Accordingly, IT IS HEREBY ORDERED that on or before July 17, 2015, defendants

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shall file the status report discussed above.

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Dated: July 6, 2015

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