Crane v. Rodriguez et al

Filing 70

ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/16 ORDERING that the stay of this action is LIFTED, and the Clerk is directed to re-open this action. Plaintiff's motions for injunctive relief (ECF Nos. 64 , 66 , 68 ) are DENIED without prejudice. Defendants' 69 request for extension of time is GRANTED. Defendants shall file a responsive pleading on or before 10/21/2016. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSEPH CRANE,

Case No. 2:15-cv-0208 TLN KJN P

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Plaintiff, ORDER
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v.
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RODRIGUEZ, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. This action was stayed pending

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referral to the ADR pilot project, and set for settlement conference on September 22, 2016. Prior

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to the settlement conference, plaintiff signed three motions for injunctive relief. First, plaintiff

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alleged that he was deprived the opportunity to file a more complete settlement conference

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statement because his property was packed for his transfer before the deadline expired. Second,

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plaintiff argued he was at risk of not being transported to court for the settlement conference

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because his insistence he needed to retain his property was going to be construed as a refusal to

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transport. Third, plaintiff asked the court to order that he be transported to and from the court on

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single cell status, that his cell at California State Prison, Lancaster (“CSP-LAC”), be locked while

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he is out to court, and that following the settlement conference, he be returned forthwith to CSP-

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LAC along with his legal materials.

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This action was stayed on May 9, 2016. (ECF No. 53.) The undersigned ordered: “[e]xcept

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as provided herein or by subsequent court order, no other pleadings or other documents may be

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filed in this case during the stay of this action.” (Id.) In light of the stay, plaintiff’s motions

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violated the court’s order.

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Second, the record reflects that plaintiff submitted his settlement statement, was transported

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for the settlement conference, and participated in the settlement conference. Thus, it appears his

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claims are moot. Moreover, no defendants are located at CSP-LAC, where plaintiff was formerly

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housed, or at California State Prison, Sacramento (“CSP-SAC”), where plaintiff is currently

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housed. This action proceeds against defendants employed at High Desert State Prison. Thus,

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the pending motions seek injunctive relief against individuals who are not named as defendants.

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This court is unable to issue an order against individuals who are not parties to a suit pending

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before it. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). The

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undersigned further finds that requiring prison officials at CSP-LAC or CSP-SAC to respond to

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plaintiff’s motions pursuant to the All Writs Act is not warranted. 28 U.S.C. § 1651(a).

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Therefore, plaintiff’s motions for injunctive relief are denied without prejudice.

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Finally, this action did not settle. Service of process was executed on all the remaining

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defendants. (ECF No. 39.) Therefore, the stay is lifted, and counsel for defendants is directed to

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file a responsive pleading. On October 3, 2016, defendants filed a request for extension of time

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to file a responsive pleading. Good cause appearing, defendants’ request is granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The stay of this action is lifted, and the Clerk is directed to re-open this action;

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2. Plaintiff’s motions for injunctive relief (ECF Nos. 64, 66, 68) are denied without

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prejudice;

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3. Defendants’ request for extension of time (ECF No. 69) is granted; and

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4. Defendants shall file a responsive pleading on or before October 21, 2016.

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Dated: October 11, 2016

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/cran0208.lftsty