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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JARON LUCIEN,

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Plaintiff,

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No. 2:16-cv-2595 WBS DB P

v.

ORDER

JEFF MACOMBER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Plaintiff alleges he was subjected to cruel and unusual

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punishment when he was forced to sit in a cage until he urinated for urinalysis testing. In an

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order filed April 3, 2017, the court dismissed plaintiff’s complaint and gave plaintiff thirty days to

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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

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extension of time to file an amended complaint. (ECF No. 10.) On June 15, 2017, plaintiff again

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requested an extension of time. (ECF No. 11.) Plaintiff stated that he was being held in

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administrative segregation (“ad seg”) due to a pending investigation and did not have access to

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his legal property there. Plaintiff requested a second forty-five day extension of time. On June

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19, 2017, the court granted the requested extension. (ECF No. 12.)

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Plaintiff now moves the court for an order requiring California State Prison, Sacramento

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(“CSP-Sac”) to provide him his legal materials. (ECF No. 13.) Plaintiff states that he is still in

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ad seg and still does not have his legal materials or “proper access to the law library.” He asks for

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a court order requiring release of his legal paperwork.

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Because plaintiff cannot be expected to meet court deadlines without access to his legal

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materials, the court will direct the California Attorney General’s Office to inquire into the status

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of plaintiff’s placement in segregated housing and when plaintiff will have access to his legal

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materials.

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Good cause appearing, IT IS HEREBY ORDERED as follows:
1.

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The Office of the California Attorney General is instructed to:
a.

Contact the CSP-Sac Litigation Coordinator to determine:

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i.

If possible, an approximate date for plaintiff’s release from ad seg;

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ii.

Whether plaintiff currently has access to any of his legal materials;

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iii.

What legal materials plaintiff seeks so that he can respond to this court’s

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April 3, 2017 order requiring the filing of an amended complaint; and

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iv.

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b.

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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

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DLB:9
DLB1/prisoner-civil rights/luci2595.legal mat

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