Lucien v. Macomber et al.

Filing 16

ORDER signed by Magistrate Judge Deborah Barnes on 07/25/17 dismissing 13 Motion for a court order. Within 30 days from the date of this order, plaintiff shall file a first amended complaint as described in the cout's order filed 04/03/17. (Plummer, M)

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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.)
Since then, the court has granted plaintiff several extensions of time to file an amended

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complaint based on plaintiff’s incarceration in administrative segregation and his lack of access to

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his legal property. On June 29, 2017, plaintiff moved the court for an order requiring California

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State Prison, Sacramento to provide him his legal materials. (ECF No. 13.) Plaintiff stated that

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he remained in ad seg and still did not have his legal materials or “proper access to the law

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library.” He asked for a court order requiring release of his legal paperwork.

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In response, the court ordered the Office of the Attorney General to inform the court about

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the status of plaintiff’s access to his legal materials. (ECF No. 14.) On July 24, 2017, a deputy

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attorney general filed a statement, supported by declarations from prison officials, explaining that

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on July 11, plaintiff was provided all of his legal materials that had been held in Receiving and

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Release, and on July 21, plaintiff was provided all of his legal materials that had been held by the

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Investigative Services Unit. (ECF No. 15.) It appears that plaintiff should now have in his

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possession all of his legal materials.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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Plaintiff’s June 29, 2017 motion for a court order (ECF No. 13) is dismissed as moot;

2. Within thirty days of the date of this order, plaintiff shall file a first amended
complaint as described in the court’s order filed April 3, 2017.
Dated: July 25, 2017

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DLB:9
DLB1/prisoner-civil rights/luci2595.fac eot3

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