DuShane v. Sacramento County Main Jail et al

Filing 39

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/02/15 ordering plaintiff's motion for order pursuant to all writs act 33 and motion in support of proposed order 35 are denied without prejudice to renewal in the future if plaintiff is denied supplies such as envelopes and paper, to pursue this action. The clerk of the court is directed to serve this order upon Warden Isidro Baca, Northern Nevada Correctional Center, PO Box 7000, Carson City, NV 89702. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASEN LYNN DUSHANE,

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Plaintiff,

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v.

No. 2:15-cv-0136 TLN CKD P

ORDER

SACRMENTO COUNTY MAIN JAIL, et
al.,

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Defendants.

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Plaintiff is a prisoner in Nevada proceeding pro se with an action for violation of civil

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rights, under 42 U.S.C. § 1983, against an employee of the Sacramento County Jail. Pursuant to

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motions brought by plaintiff in which he asserts he is being denied adequate supplies to litigate

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this action, the court ordered the warden at plaintiff’s prison to indicate in writing whether

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plaintiff is provided with paper, envelopes, writing instruments, postage and copy services. The

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warden, and the law library supervisor at plaintiff’s prison responded to the court’s order under

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the penalty of perjury indicating plaintiff is currently receiving all necessary legal supplies, copy

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services and research material. Accordingly, plaintiff’s motions regarding the denial of access to

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supplies will be denied without prejudice to renewal if plaintiff is denied adequate supplies in the

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future.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s “motion for order pursuant to all writs act” (ECF No. 33) and “motion in

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support of proposed order” (ECF No. 35) are denied without prejudice to renewal in the future if

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plaintiff is denied supplies such as envelopes and paper, to pursue this action.

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2. The Clerk of the Court is directed to serve this order upon Warden Isidro Baca,

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Northern Nevada Correctional Center, P.O. Box 7000, Carson City, NV 89702.

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Dated: November 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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dushane0136. mfs

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