Putney v. Fox et al

Filing 25

ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2018 ORDERING the Office of the CA Attorney General to contact the CHCF Litigation Coordinator to determine what, if any, access plaintiff currently has to his legal materials; whether plaintif f will be provided his legal materials while he is incarcerated at CHCF; and whether his incarceration there is intended to be temporary and file and serve a statement reflecting the findings of such inquiry, including all appropriate declarations, within 20 days after the filing date of this order. (cc: Ms. Monica Anderson, Supervising Deputy Attorney General) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS EARL PUTNEY,

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Plaintiff,

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No. 2:17-cv-1507 WBS DB P

v.

ORDER

ROBERT FOX, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. In an order filed January 25, 2018, the court ordered plaintiff to file a first

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amended complaint within thirty days. (ECF No. 22.) On February 20, 2018, plaintiff filed a

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notice that he has been transferred to the California Health Care Facility (“CHCF”) and a request

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for, among other things, an extension of time to file the first amended complaint. (ECF No. 24.)

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In his filing, plaintiff states that he does not currently have access to his legal materials. Plaintiff

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has shown good cause for an extension of time and, perhaps, for a stay of these proceedings until

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he regains access to his legal documents.
In order to determine the best course for this case, the court requires additional

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information. Accordingly, IT IS HEREBY ORDERED as follows:
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The Office of the California Attorney General is instructed to:

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a. Contact the CHCF Litigation Coordinator to determine what, if any, access

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plaintiff currently has to his legal materials; whether plaintiff will be provided his

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legal materials while he is incarcerated at CHCF; and whether his incarceration

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there is intended to be temporary.

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b.

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: February 27, 2018

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DLB:9
DB/prisoner-civil rights/putn1507.ag rpt

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