James v. Lee et al

Filing 28

ORDER Denying as Premature 23 Plaintiff's Motion to Obtain Legal Property. Signed by Magistrate Judge Jill L. Burkhardt on 09/18/2017. (All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Kyle Robert James,

Case No.: 16-cv-01592-AJB-JLB
Plaintiff,

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v.

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ORDER DENYING AS
PREMATURE PLAINTIFF’S
MOTION TO OBTAIN LEGAL
PROPERTY

Barbara Lee et al.,

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Defendant.
[ECF No. 23]

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Presently before the Court is Plaintiff’s Motion to Obtain Plaintiff’s Legal Property.

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(ECF No. 23.) Plaintiff argues that Lancaster State Prison officials confiscated his legal

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materials, hindering his ability to litigate this and other cases Plaintiff has filed. (Id.)

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Plaintiff requests that the Court reconsider “the magistrate’s denial on grounds of

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‘mootness’” of his prior motions to obtain legal property and order the CDCR to provide

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Plaintiff with his legal property. (Id. at 2-3.)

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On June 21, 2016, Plaintiff, Kyle James, currently incarcerated at the California

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State Prison - Los Angeles County located in Lancaster, California, filed a civil rights

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Complaint pursuant to 42 U.S.C. § 1983 (ECF No. 1) and a Motion to Proceed In Forma

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Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) (ECF No. 2). The Court granted

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Plaintiff’s IFP motion, but dismissed Plaintiff’s complaint for failure to state a claim. (ECF
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16-cv-01592-AJB-JLB

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No. 3.) Plaintiff filed a First Amended Complaint on November 16, 2016, naming only

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Barbara Lee, John Doe Doctor, Jane Doe Doctor and “S.D.C.J. Med. Supervisor” as

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Defendants. (ECF No. 6.) The Court denied Plaintiff’s First Amended Complaint as

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frivolous and for failure to state a claim (ECF No. 8). On March 30, 2017, Plaintiff filed

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his Second Amended Complaint, adding Defendants I.A. Lt. Christine Harvel, Sheriff Bill

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Gore and Lt. Mark Kania. (ECF No. 9.) The Court again dismissed the complaint as

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frivolous and for failure to state a claim. (ECF No. 10.) On September 13, 2017, Plaintiff

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filed a Third Amended Complaint, adding Defendants Doctor Blake, Doctor Joshua, San

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Diego Sheriff Administrator, Lt. Snyder and UCSD Doctors Nos. 1-3. (ECF No. 27.) The

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pre-answer screening pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b) has not been

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completed as to Plaintiff’s Third Amended Complaint and no defendant has yet been

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ordered to respond.

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In another case filed by Plaintiff, James v. Emmens, et al., No. 3:16-cv-02823-WQH

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(NLS), Plaintiff filed three motions to obtain his legal property. (ECF Nos. 35, 39 & 50.)

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Magistrate Judge Nita L. Stormes denied the first two motions (ECF Nos. 35 & 39) as

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moot. (ECF No. 42.) With respect to the third motion (ECF No. 50.), which Plaintiff filed

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the same day as the motion before this Court, Judge Stormes granted it in part and denied

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it in part. Judge Stormes’ order directed the Deputy County Counsel to contact the

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litigation coordinator at Lancaster State Prison to inquire about the location of Plaintiff’s

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legal property. (ECF No. 52.) On August 31, 2017, County Counsel filed a Status Report

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before Judge Stormes stating that Plaintiff received three boxes of his property at California

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Men’s Colony on July 25, 2017, but it was unclear if one box of Plaintiff’s property was

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missing or whether the original four boxes had been consolidated into three. (ECF No.

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54.)

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//

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//

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16-cv-01592-AJB-JLB

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Because the pre-answer screening has not been completed and no Defendants have

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yet answered or otherwise appeared in this case, Plaintiff’s motion is DENIED as

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premature.

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Dated: September 18, 2017

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16-cv-01592-AJB-JLB