Hampton v. Haynie et al

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/2015 DENYING without prejudice plaintiff's 15 motion. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES HAMPTON,

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No. 2:14-cv-2038 KJN P

Plaintiff,
v.

ORDER

R. HAYNIE, et al.,
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 December 31, 2014, plaintiff filed a document styled, “Motion for Writ

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of Mandate or to Impose Sanctions.” (ECF No. 15.) Plaintiff claimed that the California

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Department of Corrections and Rehabilitation was depriving him of his property to prevent him

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from proving the instant action. Plaintiff alleged that he was taken from California State Prison,

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Sacramento (“CSP-SAC”), to High Desert State Prison (“HDSP”) “on a medical and return,”

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while keeping his property at CSP-SAC. (ECF No. 15 at 2.) Plaintiff claims that he does not

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belong at HDSP and states that he has been at HDSP for almost a month without seeing his

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property. (ECF No. 15 at 2.)

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However, on January 16, 2015, plaintiff filed a notice of change of address, signed

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January 11, 2015, to a prison in Lancaster, California. Plaintiff did not address the status of his

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property in his recent filing.
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Given plaintiff’s change of address, plaintiff’s complaints about his housing at HDSP are

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now moot. Moreover, at the present time, no action on plaintiff’s part is required in this action.

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The U.S. Marshal is executing service of process on defendants. (ECF No. 13.) Once defendants

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have filed an answer, the court will issue a discovery and scheduling order.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 15) is denied

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without prejudice.

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Dated: February 3, 2015

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/hamp2038.den

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