Hammler v. Wright

Filing 147

ORDER signed by District Judge Troy L. Nunley on 4/7/19 ADOPTING the findings and recommendations filed 2/4/19, in full; and DENYING Plaintiff's motions for preliminary injunctive relief seeking an order returning him to CSP-Sac (ECF No. 108 ) and for assistance in obtaining and protecting his legal property (ECF Nos. 105 , 112 , and 117 ) without prejudice. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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No. 2:15-cv-01645-TLN-EFB

Plaintiff,
v.

ORDER

J. WRIGHT,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 4, 2019, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. (ECF No. 120.) Neither

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party has filed objections to the findings and recommendations.

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On February 4, 2019, the magistrate judge also ordered supplemental briefing from

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defendant as to the applicability of the All Writs Act with respect to Plaintiff’s requests (ECF

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Nos. 105, 112, and 117) for (1) an order commanding that prison officials not search Plaintiff’s

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legal files outside his presence and that he not be separated from his legal files unless there is a

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genuine safety concern; and (2) an order commanding that Plaintiff’s legal files and work product
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be returned to him. (ECF No. 120 at 3–4.) Subsequently, the date for trial was continued from

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April 1, 2019 to January 13, 2020. (ECF No. 134.) At this time, therefore, a court order is not

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“necessary” for the proper administration of justice, as required by the All Writs Act. See 28

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U.S.C. § 1651(a). Plaintiff may make use of the prison’s internal administrative grievance

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process to resolve his requests concerning access to his legal property.

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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed February 4, 2019, are adopted in full; and
2. Plaintiff’s motions for preliminary injunctive relief seeking an order returning him to

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CSP-Sac (ECF No. 108) and for assistance in obtaining and protecting his legal property (ECF

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Nos. 105, 112, and 117) are denied without prejudice.

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Dated: April 7, 2019

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Troy L. Nunley
United States District Judge

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