Baker v. Macomber et al

Filing 102

ORDER signed by Magistrate Judge Allison Claire on 9/11/2018 DIRECTING Clerk of Court to open a new case and file 101 Plaintiff's most recent filing and a copy of this order in the new case. Plaintiff to file a civil rights complaint within 30 days after the filing date of this order. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TIMOTHY RAY BAKER,

12

Plaintiff,

13
14

v.

No. 2:15-cv-0248 TLN AC P

ORDER

J. MACOMBER, et al.,

15

Defendants.

16
On September 7, 2018, plaintiff filed in this case a request for leave to file an

17
18

“emergency” civil rights complaint against several correctional officials at his current place of

19

incarceration, the California Substance Abuse Treatment Facility (SATF) at California State

20

Prison Corcoran. Plaintiff expresses concerns for his safety and asserts that he requires the

21

court’s intervention before completion of the inmate appeals process. The instant case is

22

plaintiff’s only currently open case in this court; however, this case is in trial preparation against

23

sole defendant McCowan, who is not among the putative defendants identified in plaintiff’s most

24

recent filing. To proceed with his new claims, plaintiff must file a new action, which will be

25

assigned a new case number and randomly assigned to a magistrate judge. Plaintiff may seek

26

emergency relief in the new action.

27

////

28

////

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The Clerk of Court is directed to:

3
4

A. Open a new case, with a randomly assigned case number and magistrate judge,
entitled Timothy Ray Baker v. Correctional Officer R. Grider et al.

5
6

B. File in the new case: (i) a copy of plaintiff’s most recent filing in this case
(ECF No. 101); and (ii) a copy of this order.

7
8
9
10
11

C. Send plaintiff, together with a copy of this order, a blank prisoner civil rights
complaint with the case number of plaintiff’s newly-opened case.
2. Plaintiff shall, within thirty days after the filing date of this order, file a civil rights
complaint on the form provided herewith.
3. Plaintiff may, at any time, file a further request for emergency relief in the newly-

12

opened case; however, such request would be reinforced by the simultaneous filing of a

13

complaint.

14

SO ORDERED.

15

DATED: September 11, 2018

16
17
18
19
20
21
22
23
24
25
26
27
28
2