Pickens v. Evans
Filing
7
ORDER DISMISSING CASE. Signed by Judge William Alsup on 2/7/08. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 2/7/2008)
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Pickens v. Evans
Doc. 7
Case 3:07-cv-06306-WHA
Document 7
Filed 02/07/2008
Page 1 of 2
1 2 3 4 5 6 7 8 9 10 ALFONZO PICKENS, Plaintiff, v. S. EVANS, Warden, Defendant. / No. C 07-6306 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
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In this civil rights case plaintiff contends that he should be released because of unconstitutional conditions created by overcrowding. This issue, including the possibility of a prisoner release order, is currently being considered by a three-judge court in the class action Plata v. Schwarzenegger, No. C 01-1351 TEH. Individual suits for injunctive and equitable relief from alleged unconstitutional prison conditions cannot be brought where there plaintiff is a member of the class in a pending class action suit involving the same subject matter. McNeil v. Guthrie, 945 F.2d 1163, 1165 (10th Cir. 1991); Gillespie v. Crawford, 858 F.2d 1101, 1103 (5th Cir. 1988) (en banc). "Individual members of the class and other prisoners may assert any equitable or declaratory claims they have, but they must do so by urging further actions through the class representative and attorney, including contempt proceedings, or by intervention in the class action." Id. /// ///
Dockets.Justia.com
Case 3:07-cv-06306-WHA
Document 7
Filed 02/07/2008
Page 2 of 2
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For the reasons set out above, this case is DISMISSED. The clerk shall close the file.1 IT IS SO ORDERED.
Dated: February
7
, 2008.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Counsel for the plaintiff class in Plata is: Donald H. Specter, Prison Law Office, General Delivery, San Quentin, CA 94964.
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