Zaiza v. Tamplen et al

Filing 56

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/19 DENYING 55 plaintiff's request. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE R. ZAIZA,

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No. 2:15-cv-0447-KJM-EFB P
Plaintiff,

v.

ORDER

D. TAMPLEN, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has filed a request titled “Motion for Injunction” but which is actually a

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request for an order that documents be produced. ECF No. 55. Plaintiff requests that the court

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order the warden to return to plaintiff two civil rights complaints that plaintiff forwarded to the

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prison litigation office. As explained below, plaintiff’s request is denied.

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This action proceeds on Eighth Amendment excessive force and deliberate indifference to

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medical needs claims that arose at High Desert State Prison. Plaintiff’s request for court

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intervention concerns unrelated conduct that occurred at California State Prison, Corcoran. Thus,

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plaintiff must pursue any claims based on the loss of his two civil rights complaints in a separate

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action and may only do so after making use of the prison’s administrative appeals process. See

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McKinney v. Carey, 311 F.3d 1198, 1199-1201 (9th Cir. 2002) (per curiam) and Rhodes v.

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Robinson, 621 F.3d 1002, 1004-07 (9th Cir. 2010) (together holding that claims must be
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exhausted prior to the filing of the original or supplemental complaint); Jones v. Felker, No. CIV

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S-08-0096 KJM EFB P, 2011 U.S. Dist. LEXIS 13730, at *11-15, 2011 WL 533755 (E.D. Cal.

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Feb. 11, 2011).

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Accordingly, it is ORDERED that plaintiff’s request (ECF No. 55) is denied.
DATED: December 12, 2019.

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