Owens v. Defazio et al

Filing 245

ORDER signed by Magistrate Judge Kendall J. Newman on 11/03/21 ORDERING the court will address plaintiffs motion to compel 244 following the November 17, 2021 settlement conference.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THEON OWENS,

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No. 2: 16-cv-2750 JAM KJN P
Plaintiff,

v.

ORDER

JOSEPH DEFAZIO, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding with a civil rights action pursuant to 42 U.S.C.

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§ 1983. This action is set for a settlement conference before the undersigned on November 17,

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2021. Counsel was appointed for the limited purpose of representing plaintiff at the settlement

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conference.

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Pending before the court is plaintiff’s October 21, 2021 motion to compel. (ECF No.

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244.) In this motion, plaintiff alleges that on October 1, 2021, he was released from the custody

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of the California Department of Corrections and Rehabilitation (“CDCR”) and admitted to

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Atascadero State Hospital (“ASH”) as a Mentally Disordered Offender (“MDO”). Plaintiff

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alleges that his ASH Unit Supervisor informed him that he would not receive his legal property

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until two months after his arrival to ASH. Plaintiff alleges that he requires immediate access to

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his legal property in order to litigate two civil rights actions and one habeas corpus petition.

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Plaintiff requests that the court order the ASH Executive Director to immediately release his legal
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property to him.
Plaintiff does not require immediate access to his legal property regarding the instant

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action because this action is set for a settlement conference on November 17, 2021, where

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plaintiff will be represented by counsel. The undersigned will address plaintiff’s motion to

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compel the ASH Executive Director to release his legal property related to the instant action

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following the settlement conference, if appropriate.

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Accordingly, IT IS HEREBY ORDERED that the court will address plaintiff’s motion to

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compel (ECF No. 244) following the November 17, 2021 settlement conference.

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Dated: November 3, 2021

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Owen2750.ord(3)

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