Steward v. Lynch et al

Filing 12

ORDER signed by District Judge Kimberly J. Mueller on 9/13/2018 ORDERING The clerk is DIRECTED to serve this order and a copy of re 10 Motion for Preliminary Injunction and 11 Letter on Senior Supervising Deputy Attorney General Monica Anderson and on Don Specter, Prison Law Office; Within 14 days from the date of this order, Senior Supervising Deputy Attorney General Monica Anderson shall advise the court regarding the issues raised in plaintiff's motion for injunctive relief. (cc: Anderson) (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONNY STEWARD,

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Plaintiff,

No. 2:18−CV−01227−KJN
ORDER

v.
LYNCH et al,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. Plaintiff is a sixty-two-year-old African American man with diabetes and possible

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moderate Chronic Obstruction Pulmonary Disease (COPD), currently incarcerated in Folsom

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State Prison. He moves for a preliminary injunction, alleging that defendants will transfer him on

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an unspecified date to Kern Valley State Prison in retaliation for filing this civil rights action.

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Pl.’s Mot. for Mandatory Inj. 1, ECF No. 10. Plaintiff seeks to enjoin this transfer, arguing his

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medical conditions make him particularly vulnerable to serious illness if he is exposed to the

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cocci virus, and he will therefore suffer bodily injury or possible death if he is exposed to the

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cocci virus at Kern Valley State Prison. Id. at 2.

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This matter has been referred to a magistrate judge under Local Rule 302(c)(17).

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That court has not yet screened plaintiff’s complaint. However, in light of plaintiff’s allegations

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of a threat of imminent harm, the court directs Senior Supervising Deputy Attorney General
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Monica Anderson to address plaintiff’s allegations concerning his medical conditions and how his

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health may be impacted by his transfer to Kern Valley State Prison.

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The court will also direct the clerk to serve a courtesy copy of plaintiff’s motion

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for preliminary injunction (ECF No. 10) and accompanying letter (ECF No. 11) on Don Specter

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at the Prison Law Office.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1.

The clerk is DIRECTED to serve this order and a copy of plaintiff’s motion for

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preliminary injunction (ECF No. 10) and plaintiff’s letter filed soon thereafter (ECF No. 11) on

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Senior Supervising Deputy Attorney General Monica Anderson;

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2.

Within fourteen days from the date of this order, Senior Supervising Deputy

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Attorney General Monica Anderson shall advise the court regarding the issues raised in plaintiff’s

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motion for injunctive relief; and

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3. The clerk is DIRECTED to serve a copy of plaintiff’s motion for preliminary

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injunction (ECF No. 10) and accompanying letter (ECF No. 11) on Don Specter, Prison Law

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Office, 1917 Fifth Street, Berkeley, CA 94710-1916.

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IT IS SO ORDERED.

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DATED: September 13, 2018.

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UNITED STATES DISTRICT JUDGE

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