Lucien v. Macomber et al.

Filing 14

ORDER signed by Magistrate Judge Deborah Barnes on 7/5/2017 ORDERING the Office of the Attorney General is instructed to contact the CSP-SAC Litigation Coordinator in accordance with this order and within 21 days, file and serve a statement reflecting the findings of such inquiry, including all appropriate declarations. The Clerk shall serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson)(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARON LUCIEN, 12 Plaintiff, 13 14 No. 2:16-cv-2595 WBS DB P v. ORDER JEFF MACOMBER, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action under 42 U.S.C. § 1983. Plaintiff alleges he was subjected to cruel and unusual 19 punishment when he was forced to sit in a cage until he urinated for urinalysis testing. In an 20 order filed April 3, 2017, the court dismissed plaintiff’s complaint and gave plaintiff thirty days to 21 file an amended complaint. (ECF No. 6.) In an order filed May 9, 2017, the court granted plaintiff’s motion for a forty-five day 22 23 extension of time to file an amended complaint. (ECF No. 10.) On June 15, 2017, plaintiff again 24 requested an extension of time. (ECF No. 11.) Plaintiff stated that he was being held in 25 administrative segregation (“ad seg”) due to a pending investigation and did not have access to 26 his legal property there. Plaintiff requested a second forty-five day extension of time. On June 27 19, 2017, the court granted the requested extension. (ECF No. 12.) 28 //// 1 1 Plaintiff now moves the court for an order requiring California State Prison, Sacramento 2 (“CSP-Sac”) to provide him his legal materials. (ECF No. 13.) Plaintiff states that he is still in 3 ad seg and still does not have his legal materials or “proper access to the law library.” He asks for 4 a court order requiring release of his legal paperwork. 5 Because plaintiff cannot be expected to meet court deadlines without access to his legal 6 materials, the court will direct the California Attorney General’s Office to inquire into the status 7 of plaintiff’s placement in segregated housing and when plaintiff will have access to his legal 8 materials. 9 10 Good cause appearing, IT IS HEREBY ORDERED as follows: 1. 11 The Office of the California Attorney General is instructed to: a. Contact the CSP-Sac Litigation Coordinator to determine: 12 i. If possible, an approximate date for plaintiff’s release from ad seg; 13 ii. Whether plaintiff currently has access to any of his legal materials; 14 iii. What legal materials plaintiff seeks so that he can respond to this court’s 15 April 3, 2017 order requiring the filing of an amended complaint; and 16 iv. 17 b. 18 19 20 21 When plaintiff will have access to those requested legal materials. Within twenty days after the filing date of this order, file and serve a statement reflecting the findings of such inquiry, including all appropriate declarations. 2. The Clerk of the Court is directed to serve a copy of this order on Ms. Monica Anderson, Supervising Deputy Attorney General. Dated: July 5, 2017 22 23 24 DLB:9 DLB1/prisoner-civil rights/ mat 25 26 27 28 2

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