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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD CANADA, 12 13 14 15 No. 2:14-cv-2990 WBS KJN P Plaintiff, v. ORDER DOCTOR HAMKAR, Defendant. 16 17 Plaintiff is a state prisoner, proceeding without counsel. On June 7, 2017, this action was 18 temporarily stayed pending plaintiff’s release from the custody of the Department of State 19 Hospitals and the return of his legal materials. On June 12, 2017, plaintiff filed a motion for court 20 order for legal materials, along with a notice of change of address to Kern Valley State Prison, 21 stating he was transferred on June 7, 2017. On June 15, 2017, plaintiff filed a second motion for 22 court order to send legal materials, signed June 4, 2017, and sent from the California Medical 23 Facility. Because plaintiff’s second motion is now superseded by his first motion, filed after he 24 arrived at Kern Valley, his second motion is denied as moot. On June 19, 2017, plaintiff filed a 25 motion to temporarily stay this action pending receipt of his legal materials. However, because 26 this action was stayed temporarily on June 7, 2017, plaintiff’s motion is moot and is denied. 27 28 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 1 1 an inmate’s personal property and legal materials to be returned after transfer. Plaintiff must use 2 the procedures in place at Kern Valley State Prison to seek return of his legal materials, and seek 3 the court’s assistance only if such procedures are unavailing. Therefore, his motion is denied 4 without prejudice to its renewal. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s motions (ECF Nos. 53 & 54) are denied as moot; 7 2. Plaintiff’s motion for return of his legal materials (ECF no. 51) is denied without 8 prejudice. 9 Dated: June 21, 2017 10 11 12 /cw/cana2990.legmat 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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