Espey v. Deuel Vocational Institution
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/25/13 ORDERING that the Clerk of the Court shall amend court records to reflect plaintiffs new address at Pleasant Valley State Prison, P.O. Box 8500, Coalin ga, California, 93210; The Clerk of the Court shall serve a copy of this order and findings and recommendations on Deputy Attorney General Maureen C. Onyeagbako; it is RECOMMENDED that plaintiffs requests for injunctive relief contained in his letters filed October 16, 2013, and October 29, 2013 be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FLOYD ESPEY,
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No. 2: 13-cv-2147 TLN KJN P
Plaintiff,
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
DEUEL VOCATIONAL INSTITUTION,
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 requests for injunctive relief
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contained in his letters filed October 16, 2013, and October 29, 2013. For the following reasons,
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these requests for injunctive relief should be denied.
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In his letters filed October 16, 2013, and October 29, 2013, plaintiff alleges that he
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received inadequate medical care from defendants at Deuel Vocational Institution (“DVI”). On
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November 4, 2013, the court ordered defendants to respond to plaintiff’s allegations of inadequate
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medical care. On November 18, 2013, defendants filed a response.
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On November 12, 2013, plaintiff filed a letter with the court stating that he has been
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transferred to Pleasant Valley State Prison (“PVSP”). When an inmate seeks injunctive or
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declaratory relief concerning the prison where he is incarcerated, his claims for such relief
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become moot when he is no longer subjected to those conditions. See Weinstein v. Bradford, 423
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U.S. 147, 149 (1975); Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995). Because plaintiff is
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no longer housed at DVI, his claims for injunctive relief regarding conditions at DVI are moot.
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Plaintiff did not file a notice of change of address reflecting his new address at PVSP. It
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is the plaintiff’s responsibility to keep the court apprised of his current address at all times. The
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court will direct the Clerk of the Court to amend court records to reflect plaintiff’s new address.
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However, in the future, it is plaintiff’s duty to file a notice of change of address reflecting any
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address change.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The Clerk of the Court shall amend court records to reflect plaintiff’s new address at
Pleasant Valley State Prison, P.O. Box 8500, Coalinga, California, 93210;
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2. The Clerk of the Court shall serve a copy of this order and findings and
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recommendations on Deputy Attorney General Maureen C. Onyeagbako; and
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IT IS HEREBY RECOMMENDED that plaintiff’s requests for injunctive relief contained
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in his letters filed October 16, 2013, and October 29, 2013 be denied.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
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objections shall be filed and served within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: November 25, 2013
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es2147.pi
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