(PC) McNeal v. Evert,, 2:05-cv-0441-GEB-EFB P. (2017)
Court: District Court, E.D. California
Number: infdco20171213b68
Visitors: 17
Filed: Dec. 12, 2017
Latest Update: Dec. 12, 2017
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . Plaintiff, a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983, has filed a motion asking this court to compel prison officials to return certain legal material to him. ECF No. 313. Plaintiff's motion is dated November 5, 2017. It appears that, when plaintiff was temporarily transferred from Centinela State Prison to CSP-Corcoran for the November 8, 2017 settlement conference in this case (see ECF No. 311), pr
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . Plaintiff, a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983, has filed a motion asking this court to compel prison officials to return certain legal material to him. ECF No. 313. Plaintiff's motion is dated November 5, 2017. It appears that, when plaintiff was temporarily transferred from Centinela State Prison to CSP-Corcoran for the November 8, 2017 settlement conference in this case (see ECF No. 311), pri..
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ORDER
EDMUND F. BRENNAN, Magistrate Judge.
Plaintiff, a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983, has filed a motion asking this court to compel prison officials to return certain legal material to him. ECF No. 313.
Plaintiff's motion is dated November 5, 2017. It appears that, when plaintiff was temporarily transferred from Centinela State Prison to CSP-Corcoran for the November 8, 2017 settlement conference in this case (see ECF No. 311), prison staff may have failed to transport his case-related legal materials. It is not clear whether the materials were left in plaintiff's cell at Centinela or removed. It is possible that plaintiff has been returned to Centinela and reunited with his legal materials. (See ECF No. 312, Order Discharging Writ of Habeas Corpus Ad Testificandum as to Plaintiff.). Accordingly, the motion is denied without prejudice. If plaintiff has been returned to Centinela but still cannot locate his legal materials, he may again file a motion seeking the court's assistance.
Accordingly, it is hereby ORDERED that plaintiff's November 13, 2017 motion regarding his legal materials (ECF No. 313) is DENIED.
So ordered.
Source: Leagle
