Canada v. Hamkar

Filing 55

ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/17 ordering plaintiff's motions 53 , 54 are denied as moot. Plaintiff's motion for return of his legal materials 51 is denied without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD CANADA,

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No. 2:14-cv-2990 WBS KJN P

Plaintiff,
v.

ORDER

DOCTOR HAMKAR,
Defendant.

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Plaintiff is a state prisoner, proceeding without counsel. On June 7, 2017, this action was

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temporarily stayed pending plaintiff’s release from the custody of the Department of State

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Hospitals and the return of his legal materials. On June 12, 2017, plaintiff filed a motion for court

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order for legal materials, along with a notice of change of address to Kern Valley State Prison,

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stating he was transferred on June 7, 2017. On June 15, 2017, plaintiff filed a second motion for

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court order to send legal materials, signed June 4, 2017, and sent from the California Medical

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Facility. Because plaintiff’s second motion is now superseded by his first motion, filed after he

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arrived at Kern Valley, his second motion is denied as moot. On June 19, 2017, plaintiff filed a

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motion to temporarily stay this action pending receipt of his legal materials. However, because

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this action was stayed temporarily on June 7, 2017, plaintiff’s motion is moot and is denied.

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Because plaintiff arrived at Kern Valley on June 7, 2017, he must first request the return
of his legal materials from prison officials. In this court’s experience, it may take a few weeks for
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an inmate’s personal property and legal materials to be returned after transfer. Plaintiff must use

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the procedures in place at Kern Valley State Prison to seek return of his legal materials, and seek

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the court’s assistance only if such procedures are unavailing. Therefore, his motion is denied

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without prejudice to its renewal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions (ECF Nos. 53 & 54) are denied as moot;

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2. Plaintiff’s motion for return of his legal materials (ECF no. 51) is denied without

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prejudice.

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Dated: June 21, 2017

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/cw/cana2990.legmat

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