Brown v. Brown et al

Filing 20

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 8/25/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 8/25/2017)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 RONNIE O. BROWN, #4873901, 9 10 11 12 13 ) ) Plaintiff, ) ) v. ) ) ) JERRY BROWN, Governor, et al., ) ) Defendant(s). _________________________________ ) No. C 17-3025 CRB (PR) ORDER OF DISMISSAL 14 15 Plaintiff, a prisoner with sight disabilities at the Los Angeles County Jail, 16 has filed a pro se civil action alleging violations of his federal rights under 42 17 U.S.C. § 1983 and Title II of the Americans with Disabilities Act of 1990, 42 18 U.S.C.§ 12101 et seq. (ADA), at the jails and sheriff’s offices of San Bernardino 19 and Los Angeles counties. 20 Plaintiff first filed this action on March 15, 2017, but it was transferred to 21 the Central District of California because the alleged violations took place, and 22 plaintiff and most of the defendants reside in, the Central District. See Brown v. 23 Brown, No. C 17-1412 NJV (N.D. Cal. Apr. 20, 2017) (order of transfer). But 24 plaintiff has re-filed it as a new case because he now seeks to intervene in this 25 district’s pending class action in Armstrong v. Brown, No. C 94-2307 CW (N.D. 26 Cal. filed June 29, 1994). Plaintiff apparently wants to benefit from the permanent 27 injunction and remedial plan that Judge Wilken has entered in connection with the 28 Armstrong case by having that injunction and remedial plan, which apply to 1 disabled prisoners in the custody of the California Department of Corrections and 2 Rehabilitation (CDCR), extended to disabled prisoners in the custody of the state’s 3 county sheriffs as well. 4 This court cannot grant plaintiff in the instant individual action the 5 extraordinary relief he seeks. Plaintiff must pursue the expansion/modification of 6 the injunction and remedial plan in the Armstrong class action by way of a motion 7 in the Armstrong class action itself. 8 9 10 11 Plaintiff’s prisoner civil action is DISMISSED under the authority of 28 U.S.C. § 1915A without prejudice to his filing a motion for relief in the Armstrong class action. The clerk is instructed to terminate all motions as moot and close the file. 12 SO ORDERED. 13 DATED: August 25, 2017 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\CRB\CR.17\Brown, R.17-3025.reopen.wpd _________________________ CHARLES R. BREYER United States District Judge

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