Tunstall v. Bodenhamer, et al.

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/11/2017 RECOMMENDING that 16 Emergency Motion be denied. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT WILLIAM TUNSTALL, Jr.,

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No. 2:16-cv-2665 JAM DB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

D. BODENHAMER, 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 that his cell at California State Prison –

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Sacramento was not in compliance with the Americans with Disabilities Act or with section 504

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of the Rehabilitation Act. Before the court is plaintiff’s “Emergency Motion to be Placed into the

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‘Protective Custody’ of the Court.” (ECF No. 16.)

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Plaintiff seeks placement in protective custody to avoid being “murdered” by prison staff

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at California State Prison-Corcoran, where he is currently incarcerated. Plaintiff describes some

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rude and harassing behavior by prison staff. Plaintiff also states that he was physically assaulted

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twice previously at other prisons. None of plaintiff’s allegations show that he is in imminent

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danger of harm that requires intervention by the court.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s Emergency Motion (ECF
No. 16) be denied.
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These findings and recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge's Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: July 11, 2017

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DLB:9
DLB1/prisoner-civil rights/tuns2665.emerg mtn fr

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