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ABEL v. MARTEL, CIV S-09-1749 JAM CKD P. (2012)

Court: District Court, E.D. California Number: infdco20120213433 Visitors: 11
Filed: Feb. 10, 2012
Latest Update: Feb. 10, 2012
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. Plaintiff has filed a motion asking that the court order that he remain at the prison where he is currently housed until the conclusion of this case. Plaintiff suggests that transfer to another prison could impede his ability to litigate this case. In Meachum v. Fano , 427 U.S. 215 (1976), the United States Supreme Court held that prisoners do not have a constitutional right to be housed at a particular prison within a state's prison system. There
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ORDER

CAROLYN K. DELANEY, Magistrate Judge.

Plaintiff has filed a motion asking that the court order that he remain at the prison where he is currently housed until the conclusion of this case. Plaintiff suggests that transfer to another prison could impede his ability to litigate this case. In Meachum v. Fano, 427 U.S. 215 (1976), the United States Supreme Court held that prisoners do not have a constitutional right to be housed at a particular prison within a state's prison system. Therefore, plaintiff's request will be denied. If plaintiff believes he requires extensions of time to comply with court deadlines due to his being transferred, he is free to so request.

Accordingly, IT IS HEREBY ORDERED that plaintiff's January 30, 2012 "motion for injunction . . ." (Dkt. 48) is denied.

Source:  Leagle

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