Filed: Aug. 12, 2015
Latest Update: Aug. 12, 2015
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. 1983. This action is set for jury trial before the Honorable Troy L. Nunley on September 28, 2015. On August 5, 2015, plaintiff filed a notice of change of address stating that on July 31, 2015, he was transferred from Pelican Bay State Prison ("PBSP") to California State Prison-Sacramento ("CSP-Sac"). (ECF No. 140.) Plaintiff's notice o
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. 1983. This action is set for jury trial before the Honorable Troy L. Nunley on September 28, 2015. On August 5, 2015, plaintiff filed a notice of change of address stating that on July 31, 2015, he was transferred from Pelican Bay State Prison ("PBSP") to California State Prison-Sacramento ("CSP-Sac"). (ECF No. 140.) Plaintiff's notice of..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. This action is set for jury trial before the Honorable Troy L. Nunley on September 28, 2015.
On August 5, 2015, plaintiff filed a notice of change of address stating that on July 31, 2015, he was transferred from Pelican Bay State Prison ("PBSP") to California State Prison-Sacramento ("CSP-Sac"). (ECF No. 140.) Plaintiff's notice of change of address also includes a motion requesting that the PBSP officials be ordered to send plaintiff's legal property to CSP-Sac. (Id.) Apparently, plaintiff arrived at CSP-Sac without his legal property.
When a prisoner is transferred to a different prison, there is often a delay in his receipt of his property at the new prison. For this reason, plaintiff's motion for a court order directing PBSP officials to provide him with his legal property is denied as premature. If plaintiff has still not received his legal property within fourteen days of the date of this order, he may refile his motion.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for his legal property (ECF No. 140) is denied without prejudice.
