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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY RAY BAKER,
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Plaintiff,
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v.
No. 2:15-cv-0248 TLN AC P
ORDER
J. MACOMBER, et al.,
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Defendants.
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On September 7, 2018, plaintiff filed in this case a request for leave to file an
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“emergency” civil rights complaint against several correctional officials at his current place of
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incarceration, the California Substance Abuse Treatment Facility (SATF) at California State
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Prison Corcoran. Plaintiff expresses concerns for his safety and asserts that he requires the
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court’s intervention before completion of the inmate appeals process. The instant case is
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plaintiff’s only currently open case in this court; however, this case is in trial preparation against
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sole defendant McCowan, who is not among the putative defendants identified in plaintiff’s most
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recent filing. To proceed with his new claims, plaintiff must file a new action, which will be
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assigned a new case number and randomly assigned to a magistrate judge. Plaintiff may seek
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emergency relief in the new action.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Clerk of Court is directed to:
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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.
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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.
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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-
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opened case; however, such request would be reinforced by the simultaneous filing of a
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complaint.
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SO ORDERED.
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DATED: September 11, 2018
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