(PC) Gonzalez v. King ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX JOE GONZALEZ, No. 2:18-cv-2009 TLN DB P 12 Plaintiff, 13 v. ORDER 14 KING, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff moves the Court for an order directing the return of 19 his legal documents from another inmate, Patterson, who had been helping plaintiff prosecute this 20 case. Plaintiff is unable to communicate with this inmate directly because plaintiff is housed in 21 the segregation unit. He seeks an order directing officials at Mule Creek State Prison to have 22 inmate Patterson escorted from “A” yard to “C” yard to return plaintiff’s documents. Plaintiff 23 does not specify to which person(s) this request would be directed, and the Court cannot issue an 24 order against an individual who is not a party to a suit pending before it. See Zenith Radio Corp. 25 v. Hazeltine Research, Inc., 395 U.S. 100 (1969). His request must therefore be denied. In 26 addition, since filing this motion, plaintiff has filed two other motions and his pretrial statement, 27 suggesting that he is now in receipt of his legal documents. 28 wOAoe 2.40 UV PRINCE MVUVUTTIOCTI VY POO Veer AYO ee 1 Based on the foregoing, IT IS HEREBY ORDERED that plaintiff's motion for a court 2 | order (ECF No. 31) is DENIED. 3 | Dated: September 23, 2020 4 5 6 | nr. ORAH BARNES DB/Inbox/Routine/gonz2009.mise2 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28