Garrison v. Brown, et al

Filing 69

ORDER ADDRESSING PENDING MOTIONS. Motions terminated: 65 MOTION for the court to inform the jail of his rights filed by Steve Garrison, 60 MOTION for Summary Judgment filed by Steve Garrison, 64 MOTION for the court to issue warrants for all defendants filed by Steve Garrison. Signed by Judge Edward J. Davila on 11/6/2012. (ecg, COURT STAFF) (Filed on 11/6/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-01901 EJD (PR)

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Plaintiff,
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v.
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JERRY BROWN, et al.,
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Defendants.
_________________________________ )
STEVE GARRISON,

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ORDER ADDRESSING PENDING
MOTIONS

(Docket Nos. 60, 64 & 65)

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Plaintiff, an inmate at the Santa Clara County Jail, California, filed a pro se civil

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rights complaint under 42 U.S.C. § 1983, challenging the conditions of his confinement.

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On July 19, 2012, the Court dismissed the complaint a second time with leave to amend

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within thirty days of the order. (Docket No. 61.) On August 13, 2012, Plaintiff filed a

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second amended complaint which will be reviewed in a separate order.

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Because the Court has yet to determine whether Plaintiff has stated cognizable

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claims against named defendants, Plaintiff’s motion for summary judgment, (Docket No.

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60), is DENIED as premature. Plaintiff’s “motion for the U.S. Courts to issue a[n] arrest

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warrant for all Defendants...” is DENIED as this civil action is not the proper avenue for

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pursuing criminal complaints. (Docket No. 64.) Lastly, Plaintiff has a filed a motion

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requesting the court to inform the County Jail where he is incarcerated of his “pro per
Order Addressing Pending Motion
01901Garrison_motions1.wpd

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rights” so that he “can have proper access to the Courts without delay.” (Docket No. 65

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at 1.) To the extent that Plaintiff is seeking injunctive relief against the jail, the motion is

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DENIED because the jail is not a party to this action.

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This order terminates Docket Nos. 60, 64 and 65.

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DATED:

11/6/2012

EDWARD J. DAVILA
United States District Judge

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Order Addressing Pending Motion
01901Garrison_motions1.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

STEVE GARRISON,

Case Number: CV11-01901 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
JERRY BROWN, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
11/6/2012
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Steve Garrison cwx252
885 N. Pedro Street
San Jose, CA 95110
Dated:

11/6/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk