Grenier v. Schwarzeneggar et al

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/3/2008 ORDERING that the Clerk of the Court is directed to transfer this case to Judge Thelton Henderson in the Northern District of California. CASE TRANSFERRED. Electronic case file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Reader, L)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 / 16 Plaintiff is state prisoner housed at Avenal State Prison who has filed a document 17 entitled "petition for writ of mandate and declaratory relief ...." Plaintiff seeks enforcement of a 18 2002 "stipulation for injunctive relief" issued in Plata v. Davis, a class action now proceeding as 19 Plata v. Schwarzenegger, N.D. Cal, No. C01-1351 THE. Plaintiff claims to be a member of the 20 Plata class, a state prisoner with serious medical needs, and that prison officials at Avenal State 21 Prison are not in compliance with the Plata injunction, demonstrating deliberate indifference to 22 his serious medical needs. 23 A plaintiff who is a member of a class action for equitable relief from prison 24 conditions may not maintain a separate, individual suit for equitable relief within the same 25 26 1 subject matter of the class action. Gillespie v. Crawford, 858 F.2d 1101, 1103 (5th Cir. 1988) (en ORDER vs. ARNOLD SCHWARZENEGGER, Governor, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTHONY GRENIER, Plaintiff, No. CIV S-08-2263 GGH P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 banc) (adopting a rule "similar to that of the Sixth and Eighth Circuits," precluding individual lawsuits for equitable relief by class action members, averring that such actions "would interfere with the orderly administration of the class action and risk inconsistent adjudications")1; see also, McNeil v. Guthrie, 945 F.2d 1163, 1165-1166 (10th Cir. 1991) (precluding individual lawsuits for injunctive relief alleging unconstitutional prison conditions when there is an existing class action); Crawford v. Bell, 599 F.2d 890, 892-93 (9th Cir. 1979); Choyce v. Saylor, 2007 WL 3035406 *1 (N.D. Cal. 2007)("[i]ndividual suits for injunctive and equitable relief from alleged unconstitutional prison conditions cannot be brought where there is a pending class action suit involving the same subject matter"); Jacobson v. Schwarzenegger, 357 F. Supp.2d 1198, 1209 (C.D. Cal. 2004); Rouser v. White, No. CIV S-93-0767 LKK GGH P, 2006 WL 1897125, at *2 (E.D. Cal. 2006). The undersigned will direct that this matter be transferred to Judge Thelton Henderson in the Northern District before whom the Plata class action proceeds. Accordingly, IT IS ORDERED that the Clerk of the Court is directed to transfer this case to Judge Thelton Henderson in the Northern District of California. DATED: 10/03/08 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:009 19 20 21 22 23 24 25 26 gren2263.ord The Gillespie Court found that individual class members could pursue equitable relief claims "by urging further action through the class representative and attorney, including contempt proceedings, or by intervention in the class action." Id. 2 1

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