Proctor v. Van Horn et al

Filing 113

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 10/30/2014, denying Plaintiff's 101 Motion Seeking Not to be Transferred From HDSP. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

CHARLES JUAN PROCTOR,

)
)
Plaintiff,
)
vs.
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)
DR. VAN HORN, et al.,
)
)
Defendants
)
___________________________________ )

3:12-cv-00328-MMD-WGC
MINUTES OF THE COURT
October 30, 2014

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff's "Motion Seeking Not to be Transferred From High Desert State
Prison (H.D.S.P.)" (Doc. # 101.) Defendants have responded. (Doc. #104.) No reply was filed.
Plaintiff seeks this court to order the Nevada Department of Corrections (NDOC), which is
not a party to this action, not to transfer him until his case has concluded. He states his primary
reason for seeking this order was due to a mix up which resulted in his missing receipt of certain
filed documents (which has been resolved). Secondly, he complains he has been transferred multiple
times and it would "save the court time looking [for] changes of address in this case." Additionally,
he states his mother has moved from Los Angeles to Las Vegas and "it would really be nice to see
her." (Doc. # 101.)
Defendants oppose Plaintiff's motion, stating that Plaintiff's medical conditions have
necessitated many of the transfers (Doc. # 104 at 1) and that three of the transfers were to obtain
specialists to treat ongoing complaints of pain in Plaintiff's knee and jaw (id. at 2). Further, the only
confusion in this case concerning Plaintiff's housing was due to his own filing which incorrectly
changed his address of record with the court. (Id.)
An inmate does not have a constitutional right to be housed at any one particular institution.
Meachum v. Fano, 427 U.S. 215 (1975). The court defers to the Nevada Department of Corrections
as to where Plaintiff should be incarcerated.
Plaintiff's motion (Doc. # 101) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk