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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RONNIE O. BROWN, #4873901,
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Plaintiff,
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v.
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JERRY BROWN, Governor, et al.,
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Defendant(s).
_________________________________ )

No. C 17-3025 CRB (PR)
ORDER OF DISMISSAL

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Plaintiff, a prisoner with sight disabilities at the Los Angeles County Jail,

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has filed a pro se civil action alleging violations of his federal rights under 42

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U.S.C. § 1983 and Title II of the Americans with Disabilities Act of 1990, 42

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U.S.C.§ 12101 et seq. (ADA), at the jails and sheriff’s offices of San Bernardino

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and Los Angeles counties.

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Plaintiff first filed this action on March 15, 2017, but it was transferred to

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the Central District of California because the alleged violations took place, and

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plaintiff and most of the defendants reside in, the Central District. See Brown v.

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Brown, No. C 17-1412 NJV (N.D. Cal. Apr. 20, 2017) (order of transfer). But

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plaintiff has re-filed it as a new case because he now seeks to intervene in this

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district’s pending class action in Armstrong v. Brown, No. C 94-2307 CW (N.D.

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Cal. filed June 29, 1994). Plaintiff apparently wants to benefit from the permanent

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injunction and remedial plan that Judge Wilken has entered in connection with the

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Armstrong case by having that injunction and remedial plan, which apply to

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disabled prisoners in the custody of the California Department of Corrections and

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Rehabilitation (CDCR), extended to disabled prisoners in the custody of the state’s

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county sheriffs as well.

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This court cannot grant plaintiff in the instant individual action the

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extraordinary relief he seeks. Plaintiff must pursue the expansion/modification of

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the injunction and remedial plan in the Armstrong class action by way of a motion

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in the Armstrong class action itself.

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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.

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SO ORDERED.

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DATED:

August 25, 2017

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G:\PRO-SE\CRB\CR.17\Brown, R.17-3025.reopen.wpd

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CHARLES R. BREYER
United States District Judge