Brown v. Reif et al

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/15/2018 ORDERING plaintiff's 10 motion for a temporary restraining order is DENIED for failing to comply with Local Rule 231. Within 14 days, Supervising Deputy Attorney General Chri stopher Becker shall file a special appearance and a response to plaintiff's 12 motion for injunctive relief. The Clerk shall serve this order, a copy of plaintiff's 1 complaint, and a copy of 12 the motion for injunctive relief. (cc: Christopher Becker)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE CHEROKEE BROWN,

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No. 2:18-cv-01088 CKD P

Plaintiff,
v.

ORDER

C. REIF, et al.,
Defendants.

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Plaintiff is a California state prisoner proceeding pro se in this civil rights action pursuant

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to 42 U.S.C.§ 1983. In the complaint filed on May 1, 2018, plaintiff alleges that three

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correctional officers at California State Prison in Sacramento (“CSP-Sac”) violated the Eighth

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Amendment on December 1, 2017 by body-slamming him to the ground while he was

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handcuffed, and then repeatedly punching him. By separate order, the undersigned concluded

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that plaintiff stated a cognizable Eighth Amendment excessive force claim against defendants C.

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Reif, S. Overby, and J. Gomez and ordered plaintiff to proceed to serve the complaint on these

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defendants or to amend his complaint to correct other deficiencies outlined in the same order.

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On May 1, 2018 plaintiff filed a motion for a temporary restraining order that fails to

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comply with Local Rule 231. However, on June 4, 2018, plaintiff filed another motion for

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injunctive relief indicating that his life and safety are threatened. Specifically, plaintiff indicated

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that defendant C. Reif, who continues to work in the same prison unit where plaintiff is housed,
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has threatened “to break his neck” in retaliation for filing the instant civil rights lawsuit. ECF No.

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12 at 2-3. Plaintiff seeks an order preventing the defendants in this action from retaliating against

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him by spitting in his food, tampering with his mail, waking him up in the middle of the night,

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and threatening to beat him up. Id. at 2. Alternatively, plaintiff requests to be transferred to

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another prison’s Enhanced Outpatient Program (“EOP”) while the current lawsuit is pending. Id.

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at 3.

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In light of plaintiff’s allegations of a threat of imminent harm, the court directs

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Supervising Deputy Attorney General Christopher Becker to file a special appearance in this

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action and to file a response to plaintiff’s motion for injunctive relief.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s May 18, 2018 motion for a temporary restraining order (ECF No. 10) is
denied for failing to comply with Local Rule 231.

2. Within fourteen days from the date of this order, Supervising Deputy Attorney

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General Christopher Becker shall file a special appearance and a response to plaintiff’s

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motion for injunctive relief (ECF No. 12).

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3. The Clerk of Court is directed to serve this order, a copy of plaintiff’s complaint (ECF

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No. 1), and a copy of the motion for injunctive relief (ECF No. 12) on Supervising

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Deputy Attorney General Christopher Becker.

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Dated: June 15, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/brow1088.specialappear.docx

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