(PC) Davis v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARED DAVIS, Case No. 1:21-cv-00494-HBK 12 Plaintiff, ORDER REQUIRING THE WARDEN OF PLEASANT VALLEY STATE PRISON TO 13 v. RESPOND TO PLAINTIFF’S MOTION 14 K. ALLISON, SEC’Y CDCR; R. (Doc. No. 3) GODWIN, WARDEN AT PVSP; O. 15 ONYEJE, CME AT PVSP, in their official ORDER DIRECTING CLERK TO SEND A COPY and individual capacities, OF THIS ORDER AND PLAINTIFF’S MOTION 16 (DOC. NO. 3) TO AN ASSISTANT ATTORNEY GENERAL, THE WARDEN OF PLEASANT Defendants. VALLEY STATE PRISON, AND THE 17 LITIGATION COORDINATOR AT PLEASANT VALLEY STATE PRISON 18 19 20 21 Pending before the court is plaintiff’s motion for temporary restraining order and/or 22 preliminary injunction. (Doc. No. 3). Jared Davis, a prisoner at Pleasant Valley State Prison, 23 initiated this action proceeding pro se, by filing a 42 U.S.C. § 1983 Complaint related to Pleasant 24 Valley’s Covid-19. (Doc. No. 1) The court granted Plaintiff’s motion for leave to proceed in 25 forma pauperis. (Doc. 5). 26 Both the complaint and the motion allege that the Covid-19 practices at Pleasant Valley 27 are contributing to the spread of the Covid-19 virus, primarily the denial of adequate supplies to 28 1 | clean the facility and housing inmates with potentially infected inmates, under the threat of 2 | disciplinary sanctions for non-compliance. (Doc. No. | at 3, Doc. No. 3 at 1). Plaintiff 3 | challenges these policies, or practices, at Pleasant Valley and claims the virus is widespread. 4 | Ud.). Specifically, plaintiff alleges correctional officials are not re-testing Covid-19 positive 5 | inmates following their release from quarantine, before re-housing the ill inmate with the healthy 6 | inmate, thereby contributing to the spread of the Covid-19 virus. (Doc. No. 3. at 2). Plaintiff 7 | alleges he caught the virus after being housed with an inmate released from quarantined, who was 8 || not re-tested before release. (/d.). 9 Based on plaintiffs allegations, the court will direct the Warden at Pleasant Valley State 10 | Prison to respond to plaintiff's motion for temporary injunction. See Criswell v. Boudreaux, Case 11 | No. 1:20-cv-01048-DAD-SAB, 2020 WL 7646405 (E.D. Ca. Dec. 23, 2020). 12 Accordingly, it is ORDERED: 13 1. Within fourteen (14) days from the date of service of this order, the Warden of Pleasant 14 | Valley State Prison shall file a response to plaintiff's motion for a temporary restraining order 15 || and/or preliminary injunction. 16 2. The Clerk of Court is directed to serve a Deputy Attorney General, the Warden of 17 | Pleasant Valley State Prison, and the Litigation Coordinator at Pleasant Valley State Prison with a 18 | copy of this order and Plaintiff's motion (Doc. No. 3). 19 20 IT IS SO ORDERED. Dated: May 19, 2021 Mihaw. Wh. foareh fackte 22 HELENA M. BARCH-KUCHTA 73 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28