Farley v. Virga et al

Filing 34

ORDER signed by Magistrate Judge Kendall J. Newman on 3/19/14 DENYING 33 Motion for restraining orders.(Dillon, 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 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. On September 3, 2013, plaintiff consented to the jurisdiction of the

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undersigned. (ECF No. 4.) This action is proceeding on the complaint filed November 13, 2013.

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(ECF No. 11.) All defendants are located at California State Prison-Sacramento (“CSP-Sac”).

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On March 7, 2014, plaintiff filed a notice of change of address indicating that he has been

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transferred to California State Prison-Corcoran (“Corcoran”). (ECF No. 32.) Plaintiff also filed a

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pleading requesting that the court issue restraining orders. (ECF No. 33.) In this pleading,

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plaintiff alleges that threats were made against him, he was sexually battered and that his legal

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property has been withheld.

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In the pending request for restraining orders, plaintiff is apparently complaining about

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conditions at Corcoran, where he is now housed. No defendants are located at Corcoran.

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Therefore, plaintiff seeks injunctive relief against individuals who are not named as defendants in
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this action, i.e., prison officials at Corcoran. This court is unable to issue an order against

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individuals who are not parties to a suit pending before it. See Zenith Radio Corp. v. Hazeltine

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Research, Inc., 395 U.S. 100, 112 (1969).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for restraining orders

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(ECF No. 33) is denied.

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Dated: March 19, 2014

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Far1751.inj

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