Gray v. Pierce et al

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 04/24/15 ORDERING that within 10 days the Supervising Deputy Attorney General shall file a response of plaintiff's 6 claims regarding contaminated drinking water at DVI; Clerk to serve Monica Anderson copy of 1 complaint and 6 motion for injunctive relief (cc: M. Anderson). (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARYL DWIGHT GRAY,

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Plaintiff,

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v.

No. 2: 15-cv-0762 KJN P

ORDER

PIERCE, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On April 8, 2015, plaintiff filed the original complaint. (ECF No. 1.) By

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separate order, the undersigned has ordered service of this complaint.
In the complaint, plaintiff alleges that he is housed at the Deuel Vocational Institution

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(“DVI”). Plaintiff alleges that the water at DVI is contaminated and not fit for human

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consumption. Plaintiff alleges that Dr. Leo told plaintiff to stop drinking the water. Plaintiff

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alleges that the DVI water damaged his liver and that he should not be drinking it due to his

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medical condition.
On April 20, 2015, plaintiff filed a motion for a temporary restraining order. (ECF No. 6.)

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Plaintiff requests that he be transferred away from DVI to a mainline prison. The grounds of this

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request are that the water at DVI is contaminated.

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The undersigned is concerned by plaintiff’s allegation that Dr. Leo told plaintiff not to

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drink the DVI water because it is harmful to plaintiff’s health.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within ten days of the date of this order, Supervising Deputy Attorney General shall

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file a response to plaintiff’s claims regarding contaminated drinking water at DVI;
2. The Clerk of the Court is directed to serve a copy of this order, plaintiff’s complaint

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(ECF No. 1) and motion for injunctive relief (ECF No. 6) on Supervising Deputy Attorney

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General Monica Anderson.

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Dated: April 24, 2015

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Gr762.ord
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