(PC) Evans v. Milam ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD A. EVANS, Case No. 1:20-cv-00070-AWI-HBK (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION 13 v. (Doc. No. 54) 14 R. MILAM, ET. AL., 15 Defendants. 16 17 Richard A. Evans, a state prisoner, initiated this action by filing a civil rights complaint 18 under 42 U.S.C. § 1983 on January 14, 2020. (Doc. No 1). This case remains in the early stages 19 of litigation. (See docket). A § 1915 screening is due on Plaintiff’s First Amended Complaint. 20 (Doc. No. 34, “FAC”). Pending before the Court is Plaintiff’s one-page motion entitled “motion 21 for federal authorities to relieve CDCR of its jurisdiction and authority over their inmates due to 22 multiple failures to protect,” filed December 2, 2020. (Doc. No. 54, “Motion”). In his Motion, 23 Plaintiff generally takes issue with the rates of the Covid-19 virus within the CDCR correctional 24 institutions and attributes the alleged high rates to CDCR’s failure to implement sufficient 25 protocols with staff. (Id.). Plaintiff requests that federal authorities, such as the United States 26 Marshal, relieve the State of California of its operation of its correctional institutions, specifically 27 its efforts to control Covid-19 in the state prisons. (Id.). 28 “The federal courts do not sit to supervise state prisons, the administration of which is 1 acute interest to the States.” Meachum vy. Fano, 427 U.S. 215, 229 (1076). Plaintiff cites to no 2 | authority and his Motion otherwise fails to provide any factual allegations which would sustain 3 | federal intervention into the domain of the state’s power over its prisons. See e.g. Missouri v. 4 | Jenkins, 495 U.S. 33, 51 (1990); Prieser v. Rodriguez, 411 U.S. 475, 492 (1973). 5 Accordingly, it is ORDERED: 6 Plaintiffs “motion for federal authorities to relieve CDCR of its jurisdiction and authority 7 | over their inmates due to multiple failures to protect” (Doc No. 54) is DENIED. 8 ” | Dated: _ July 14, 2021 Mihaw. □□ fareh Hack 10 HELENA M. BARCH-KUCHTA 1 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28