(PC) Bryant v. Kibler ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN BRYANT, No. 2:21-CV-0060-TLN-DMC-P 12 Plaintiff, 13 v. ORDER 14 BRIAN KIBLER, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. In his complaint, Plaintiff raises numerous claims related to the ongoing COVID- 19 19 pandemic. See generally ECF No. 1. Pending before the Court is Plaintiff’s motion, ECF No 20 4, for acceptance of Plaintiff’s “Letter of Undertaking” as surety in support of his release from 21 custody pending resolution of this action. 22 As explained in the Court’s findings and recommendations issued on April 15, 23 2021, the Court may not order an inmate’s release as any form of remedy in the context of an 24 action under § 1983. See, e.g., Henson v. Corizon Health, No. CV 19-04396-PHX-MTL (DMF), 25 2020 WL 2319937, at *1–2 (D. Ariz. May 11, 2020); see also Law v. Pierce, No. 19-924 (MN), 26 2020 WL 6799162, at *7 (D. Del. Nov. 19, 2020); Menefee v. Tigard Police Dep’t, No. 3:20-cv- 27 01497-AC, 2020 WL 6547640, at *3 (D. Or. Nov. 6, 2020); Boaz v. Woodall, No. 3:20-cv-1194- 28 J-39JRK, 2020 WL 6484973, at *2 (M.D. Fla. Nov. 4, 2020); Riggs v. Louisiana, NO. 3:20-0495 1 | 2020 WL 1939168, at *1—2 (W.D. La. Apr. 22, 2020); Pines v. Dir. of Atascadero State Hosp., 2 | No. 18-cv-03849-SI, 2018 WL 11047234, at *1 (N.D. Cal. July 10, 2018). Because the Court 3 | may not order Plaintiffs release, the issue of surety is moot. 4 Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion, ECF No. 4, is 5 | denied. 6 7 | Dated: May 26, 2021 Ssvcqo_ 8 DENNIS M. COTA 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28