Ahmed v. Duffy et al

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 07/24/17 ordering that the order to show cause issued 07/10/17 33 is discharged. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAIYEZ AHMED,

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Plaintiff,

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No. 2:15-cv-1470 JAM AC P

v.

ORDER

BRIAN DUFFY, et al.,

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Defendants.

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By order filed July 10, 2017, the undersigned directed the Deputy Attorney General

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(DAG) representing sole defendant Johnson to contact the litigation coordinator at California

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State Prison-Los Angeles County (CSP-LAC),1and file and serve a statement responsive to

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plaintiff’s allegations that, as a result of his participation in the June 9, 2017 settlement

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conference in this case, he suffered retaliation in the form of placement in administrative

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segregation (Ad Seg), postponement of medical treatment, and loss of a prison job. See ECF No.

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32.
On July 20, 2017, the DAG filed and served a reply, which includes the declaration of

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CSP-LAC Litigation Coordinator D. Sanchez and copies of plaintiff’s pertinent External

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Movement History and Bed Assignment Logs. See ECF No. 34. Mr. Sanchez and the DAG

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The court previously misdesignated this prison “California State Prison-Lancaster (CSPLAN).”
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inform the court that plaintiff was at no relevant time placed in Ad Seg, and that he did not miss

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any scheduled medical appointments. Id. The undersigned is persuaded by these facts that

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plaintiff suffered no significant adversity due to his participation in the court’s settlement

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conference. To the extent that plaintiff is alleging he suffered other adverse actions, e.g., loss of

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his prison job, due to the retaliatory action of correctional officials other than defendant Johnson,

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plaintiff must exhaust his claims through the prison’s grievance process before bringing the

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matters to this court in a new civil action.

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The undersigned acknowledges the assistance of the DAG and CSP-LAC Litigation
Coordinator in addressing these matters.
For the foregoing reasons, IT IS HEREBY ORDERED the order to show cause issued

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July 10, 2017, ECF No. 33, is DISCHARGED.

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DATED: July 24, 2017

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