Brown v. Reif et al

Filing 103

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/6/2019 ORDERING defendant Gomez to file a response to plaintiff's 102 motion for a preliminary injunction within 14 days. Defendant's response shall include a copy of any incident or I.S.U. reports related to any 7/24/2019 use of force against plaintiff. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE CHEROKEE BROWN, 12 13 14 15 No. 2:18-cv-01088-KJM-CKD-P Plaintiff, v. ORDER C. REIF, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. On July 30, 2019, plaintiff filed a motion for a 19 preliminary injunction and a temporary restraining order requesting a transfer to Corcoran State 20 Prison. ECF No. 102 at 4. In the motion, plaintiff indicates that he was beaten by a non-party 21 correctional officer in retaliation for filing the instant lawsuit against defendant J. Gomez. ECF 22 No. 102 at 1-2. In this same motion, plaintiff alleges that defendant Gomez also punched him on 23 July 24, 2019. The seriousness of the allegations in the pending motion specifically referencing a 24 defendant in this civil action necessitate a response from defendant Gomez. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Defendant Gomez is ordered to file a response to plaintiff’s July 30, 2019 motion for 27 a preliminary injunction (ECF No. 102) within 14 days from the date of this order. 28 2. Defendants’ response shall include a copy of any incident or I.S.U. reports related to 1 any July 24, 2019 use of force against plaintiff.1 1 2 Dated: August 6, 2019 3 4 5 6 7 8 12/brow1088.tro#3.docx 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Any documents or reports containing privileged material may be submitted under seal for in camera review. 2

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