Lopez v. Davey, et al
Filing
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ORDER denying 27 Motion for a transfer signed by Magistrate Judge Craig M. Kellison on 06/15/11. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RAFAEL LOPEZ,
Plaintiff,
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vs.
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No. CIV S-09-3089 MCE CMK (TEMP) P
DAVE DAVEY, et al.,
Defendants.
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ORDER
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Plaintiff has filed a motion in which he requests that he be transferred to another
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prison. However, generally speaking, the court does not have the authority to order inmates
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transferred because there is no federal right to be housed at a particular prison. See Meachum v.
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Fano, 427 U.S. 215 (1976). To the extent plaintiff believes his current conditions of confinement
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violate federal law, he should initiate a separate action.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s June 6, 2011, motion for
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a transfer is denied.
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DATED: June 15, 2011
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______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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/mp
lope 09cv3089.31
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