King v. Davey

Filing 49

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/5/2017 ORDERING plaintiff's 34 motion is DENIED as moot. Defendants need not inquire into the status of plaintiff's access to his legal property as directed in the 4/19/2017 order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY LEE KING,

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No. 2:16-cv-1464-WBS-EFB P

Petitioner,

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v.

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DAVE DAVEY,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding without counsel in an action brought under 28

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U.S.C. § 2254. He filed a motion alleging that the property officer at his institution of

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incarceration refused to provide him his legal property without an order from the court directing

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him to do so. ECF No. 34. The court directed counsel for defendants to inquire into the status of

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plaintiff’s access to his legal property. ECF No. 41. Before the time for responding to that order

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passed, plaintiff filed a notice informing the court that he had been provided with his legal

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property and access to the law library. ECF No. 42. Defendants then notified the court that they

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would comply with the court’s order if the court deemed it necessary in light of plaintiff’s notice.

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ECF No. 43.

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Because plaintiff’s April 26, 2017 notice makes clear that he has been provided with his

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legal property, his February 8, 2017 motion (ECF No. 34) is DENIED as moot. Defendants need

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not inquire into the status of plaintiff’s access to his legal property as directed in the April 19,

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2017 order (ECF No. 41).

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DATED: July 5, 2017.

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