Sekerke v. Olsen ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KEITH WAYNE SEKERKE, Case No.: 20cv1045-JO(RBB) 12 Plaintiff, ORDER DENYING PLAINTIFF’S 13 v. MOTION FOR A STANDING ORDER TO BRING PROPERTY 14 DANE OLSEN, etc., et al., FROM STATE PRISON TO 15 Defendants. COUNTY JAIL WHILE OUT TO COURT [ECF NO. 41] 16 17 On December 5, 2022, Plaintiff Keith Wayne Sekerke, a prisoner incarcerated at 18 Valley State Prison, filed a Motion for a Standing Order to Bring Property from State 19 Prison to County Jail While Out to Court [ECF No. 41]. Plaintiff states that he will be 20 “sent back to County Jail to go to Superior Court most likely in January 2023” for further 21 proceedings on a criminal matter. (Pl.’s Mot. 2, ECF No. 41.) He requests that the Court 22 issue an order (1) ensuring that he will be able to bring his legal property with him and 23 (2) requiring that he be housed in the Central Jail with access to the law library. (Id.) 24 Defendant Lt. Adam Arkwright filed an opposition to Plaintiff’s motion on December 13, 25 2022 [ECF No. 42]. 26 The pendency of this action does not give the Court jurisdiction over state prison 27 officials who are not parties to this action. See, e.g., Poslof v. Martel, Case No.: 3:18-cv- 28 1 761-MMA-AGS, 2019 WL 2451368, at *1 (S.D. Cal. June 12, 2019) (“Most importantly, 2 Court does not have jurisdiction over the individuals who have custody and control of 3 || Plaintiff's legal materials.”); see also Marshall v. Rain, Civil No. 04cv403-L(WMc), 4 ||2008 WL 3851551, at *1 (S.D. Cal. Aug. 15, 2008) (“The Court has no authority to issue 5 ||a preliminary injunction ordering non-parties, the California Medical Facility or its 6 || librarian, to provide Plaintiff with . . . library access.”). 7 Accordingly, Plaintiff's motion is DENIED. 8 IT IS SO ORDERED. 9 10 || Dated: December 29, 2022 ! 2 4 1 Hon. Ruben B. Brooks 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28