Jones v. Bishop, et al
Filing
87
ORDER signed by Senior Judge Justin L. Quackenbush on 11/1/11 ORDERING that plaintiff's 83 motion for order to show cause is DENIED. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MALIK JONES,
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Plaintiff,
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vs.
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J.L. BISHOP, et al.,
Defendants.
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NO.
CV-09-0150-JLQ
ORDER DENYING MOTION FOR
ORDER TO SHOW CAUSE
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The court has received the “Declaration of Malik Jones in Support of....an Order to
15 Show Cause” (ECF No. 83) filed October 19, 2011. Mr. Jones claims that his wheelchair was
16 seized on June 14, 2011 and that his health care power of attorney has been destroyed by
17 prison officials in retaliation for the present litigation.
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Plaintiff requests the court “urgently intervene” and order defendants to “show cause.”
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Plaintiff has not requested leave to amend his complaint, nor is it apparent that he can show
20 good cause for allowing an amendment at this time as “unexhausted claims cannot be brought
21 in court.” Jones v. Bock, 549 U.S. 199, 211 (2007). Plaintiff is required to comply with the
22 grievance process in regard to his new claims of retaliation. Furthermore, the court finds the
23 Plaintiff has not set forth grounds on which he would be entitled to interlocutory injunctive
24 relief, which is an extraordinary remedy that the court applies only sparingly. The parties are
25 however, directed to the 9th Circuit’s recent ruling that prisoners have a constitutional right
26 to litigate their “claims challenging...the conditions of their confinement to conclusion
ORDER - 1
1 without active interference by prison officials.” Silva v. Di Vittorio, 2011 WL 4436248, *9
2 (September 26, 2011).
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Plaintiff’s Motion for Order to Show Cause (ECF No. 83) is DENIED.
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The Clerk is hereby directed to enter this Order and furnish copies to Plaintiff and
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Dated November 1, 2011.
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s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE
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ORDER - 2
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