(PC) Zaiza v. Tamplen ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE R. ZAIZA, No. 2:15-cv-0447-KJM-EFB P 12 Plaintiff, 13 v. ORDER 14 D. TAMPLEN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has filed a request titled “Motion for Injunction” but which is actually a 19 request for an order that documents be produced. ECF No. 55. Plaintiff requests that the court 20 order the warden to return to plaintiff two civil rights complaints that plaintiff forwarded to the 21 prison litigation office. As explained below, plaintiff’s request is denied. 22 This action proceeds on Eighth Amendment excessive force and deliberate indifference to 23 medical needs claims that arose at High Desert State Prison. Plaintiff’s request for court 24 intervention concerns unrelated conduct that occurred at California State Prison, Corcoran. Thus, 25 plaintiff must pursue any claims based on the loss of his two civil rights complaints in a separate 26 action and may only do so after making use of the prison’s administrative appeals process. See 27 McKinney v. Carey, 311 F.3d 1198, 1199-1201 (9th Cir. 2002) (per curiam) and Rhodes v. 28 Robinson, 621 F.3d 1002, 1004-07 (9th Cir. 2010) (together holding that claims must be 1 || exhausted prior to the filing of the original or supplemental complaint); Jones v. Felker, No. CIV 2 | S-08-0096 KJM EFB P, 2011 U.S. Dist. LEXIS 13730, at *11-15, 2011 WL 533755 (E.D. Cal. 3 | Feb. 11, 2011). 4 Accordingly, it is ORDERED that plaintiffs request (ECF No. 55) is denied. 5 | DATED: December 12, 2019. 6 Loi: lea heh bie EDMUND F. BRENNAN 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28