Ontiveros v. California Department of Corrections and Rehabilitation et al

Filing 33

ORDER signed by District Judge Troy L. Nunley on 3/14/18 ORDERING that Plaintiff's Motion For Reinstatement 31 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HERMAN RENE ONTIVEROS,

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No. 2:17-cv-01740-TLN-CKD P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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On November 15, 2017, Plaintiff dismissed this action pursuant to Rule 41(a) of the

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Federal Rules of Civil Procedure. Prior to that, on October 24, 2017, the Court directed the U.S.

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Marshall to serve the Chief Medical Officer at California State Prison, Sacramento with process

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with respect to a claim for injunctive relief regarding medical care. It is not clear whether service

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occurred before dismissal and the Chief Medical Officer has not appeared in this action.

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Plaintiff, who is now incarcerated at California State Prison, Los Angeles County (“CSP

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LA”), now asks that this action be reinstated as he is not satisfied with the treatment he is

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receiving there. Plaintiff’s motion will be denied as the proper forum for any claim concerning

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his medical care directed at officials at CSP LA would be the United States District Court for the

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Central District of California. Furthermore, the Chief Medical Officer at California State Prison,

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Sacramento would no longer be a proper Defendant. If Plaintiff wishes to challenge the medical
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care he is receiving at CSP LA, he should initiate a new action in the Central District.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for reinstatement (ECF
No. 31) is DENIED.

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Dated: March 14, 2018

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Troy L. Nunley
United States District Judge

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