Dahl v. Virga, et al.

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 05/20/15 ordering the office of the California Attorney General is directed to contact CDCR authorities and/or prison authorities at plaintiff's recent places of incarceration to investigate th e matters set forth above for the period 01/01/12 through the date of inquiry. The supervising deputy attorney general or designee is requested to file a status report with the court and serve a copy of the report on the plaintiff within 14 days aft er the filing date of this order. Plaintiff may file his proposed second amended complaint on or before 06/26/15. The clerk of the court is directed to: Redesignate on the docket at 17 that the matter filed is a notice. Redesignate on the docket at 18 that the matter is construed as a request for extension of time. Send plaintiff together with a copy of this order, the following: A copy of the court's order filed 04/22/15 16 . A copy of plaintiff's first amended complaint [15 ]. A copy of plaintiff's original complaint 1 ; and a blank copy of the form used by prisoners in this district to commence a civil rights action pursuant to 42 USC 1983. The clerk of the court is directed to serve a copy of this order on Monica Anderson, Supervising Attorney General. (cc: Monica Anderson, Attorney General) (Plummer, M) Modified on 5/21/2015 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT EDWARD DAHL, JR.,

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No. 2:14-cv-0949 AC P

Plaintiff,
v.

ORDER

TIMOTHY VIRGA, et al.,
Defendants.

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On April 22, 2015, this court dismissed plaintiff’s First Amended Complaint with leave to

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file a Second Amended Complaint within thirty days. See ECF No. 16. Thereafter, plaintiff filed

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two matters which the court construes as a request for extension of time within which to file a

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Second Amended Complaint. See ECF Nos. 17, 18. The request will be granted.

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In addition to granting plaintiff extended time, the court has reviewed plaintiff’s concerns

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in light of his several recent transfers among prisons, and finds it appropriate to request that the

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Office of the California Attorney General inquire as the current location of all plaintiff’s personal

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property. Plaintiff’s various exhibits indicate that, since 2012, he has been incarcerated at

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California State Prison-Sacramento (CSP-SAC), Kern Valley State Prison, the California Medical

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Facility, and then again at CSP-SAC; and that plaintiff’s property has routinely lagged behind.

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See e.g., ECF No. 18 at 3; see generally the filings in this case; see also Dahl v. Virga et al., Case

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No. 2:13-cv-02313-CMK, ECF Nos. 15-6. The Office of the Attorney General is requested to
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contact appropriate officials at the California Department of Corrections and Rehabilitation

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(CDCR) and/or the appropriate prisons, and inquire as to: (1) the current location of all plaintiff’s

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personal property, inventoried if possible; (2) whether plaintiff currently has possession of all his

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property; and (3) if not, why and, if applicable, when plaintiff will achieve such possession.

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Because no defendants have been served process in this case, this order will be directed to a

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Supervising Deputy Attorney General.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Office of the California Attorney General is directed to contact CDCR authorities

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and/or prison authorities at plaintiff’s recent places of incarceration, to investigate the matters set

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forth above, for the period January 1, 2012, through the date of inquiry. The Supervising Deputy

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Attorney General or her designee is requested to file a status report with the court, and serve a

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copy of the report on plaintiff, within fourteen (14) days after the filing date of this order.

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2. Plaintiff may file his proposed Second Amended Complaint on or before June 26,

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2015; failure to timely file a proposed Second Amended Complaint will result in the dismissal of

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this action without prejudice.

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2. The Clerk of Court is directed to:

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a. Redesignate on the docket, at ECF No. 17, that the matter filed is a “Notice” (not

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Notice of Voluntary Dismissal).

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b. Redesignate on the docket, at ECF No. 18, that the matter filed is construed as a
“Request for Extension of Time.”

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c. Send plaintiff, together with a copy of this order, the following:

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1. A copy of the court’s order filed April 22, 2015 (ECF No. 16);

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2. A copy of plaintiff’s First Amended Complaint (ECF No. 15);

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3. A copy of plaintiff’s original complaint (ECF No. 1); and

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4. A blank copy of the form used by prisoners in this district to commence a civil

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rights action pursuant to 42 U.S.C. § 1983.

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d. Finally, because no defendant has been served process in this case, the Clerk of Court is

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directed to serve a copy of this order on the Office of the California Attorney General, Attention:

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Supervising Deputy Attorney General Monica Anderson.

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SO ORDERED.

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DATED: May 20, 2015

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