Anderson v. Virga et al

Filing 93

ORDER signed by District Judge Kimberly J. Mueller on 9/28/2018 ORDERING the Clerk shall serve this order and plaintiff's 92 motion for preliminary injunction on Senior Supervising Deputy Attorney General Monica Anderson. Within five calendar days of this order, Ms. Anderson shall respond to the allegations in the request for a preliminary injunction and provide the court will all available documents regarding any pending classification or transfer decision. (cc: Monica Anderson) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ZACHARY ANDERSON,

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No. 2:15-cv-01148-KJM-EFB

Plaintiff,

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v.

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ORDER

TIM VIRGA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, previously brought this civil rights

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action under 42 U.S.C. § 1983 and now moves for a preliminary injunction to prevent his transfer

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to High Desert State Prison where he alleges he will be killed by gang members. Mot., ECF No.

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92. Plaintiff alleges “there is a [sic] active kill order on [plaintiff] & the last time defendants in

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this suit sent [him] to a yard with them [plaintiff] was the victim of attempted murder.” Id. at 1;

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see also Decl. of Eric Anderson, ECF No. 1 at 5. Although plaintiff alleges he would be

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transferred on September 27, 20181 if an injunction does not issue, he provides a September 24,

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2018 notice of classification hearing indicating he is to appear before an institution classification

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committee “on (or after) 9/27/2018 for review and consideration of . . . Transfer.” Id. at 7-8

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/////

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Plaintiff’s paper filing was received by the court on September 27, and after scanning was
conveyed to the undersigned at 10:04 a.m. on September 28.
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(emphasis omitted). It is therefore unclear when a decision will actually be made regarding

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transfer or when he will be transferred, if at all.

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In light of plaintiff’s serious allegations, the court ORDERS:

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1.

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The clerk shall serve this order and plaintiff’s motion for preliminary

injunction (ECF No. 92) on Senior Supervising Deputy Attorney General Monica Anderson; and
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Within five calendar days of this order, Ms. Anderson shall respond to the

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allegations in the request for a preliminary injunction and provide the court will all available

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documents regarding any pending classification or transfer decision.

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DATED: September 28, 2018.

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UNITED STATES DISTRICT JUDGE

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