(PC) Espey v. Deuel Vocational Institution, No. 2:2013cv02147 - Document 20 (E.D. Cal. 2013)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/25/13 ORDERING that the Clerk of the Court shall amend court records to reflect plaintiffs new address at Pleasant Valley State Prison, P.O. Box 8500, Coalin ga, California, 93210; The Clerk of the Court shall serve a copy of this order and findings and recommendations on Deputy Attorney General Maureen C. Onyeagbako; it is RECOMMENDED that plaintiffs requests for injunctive relief contained in his letters filed October 16, 2013, and October 29, 2013 be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD ESPEY, 12 13 14 15 No. 2: 13-cv-2147 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS DEUEL VOCATIONAL INSTITUTION, Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court are plaintiff’s requests for injunctive relief 19 contained in his letters filed October 16, 2013, and October 29, 2013. For the following reasons, 20 these requests for injunctive relief should be denied. 21 In his letters filed October 16, 2013, and October 29, 2013, plaintiff alleges that he 22 received inadequate medical care from defendants at Deuel Vocational Institution (“DVI”). On 23 November 4, 2013, the court ordered defendants to respond to plaintiff’s allegations of inadequate 24 medical care. On November 18, 2013, defendants filed a response. 25 On November 12, 2013, plaintiff filed a letter with the court stating that he has been 26 transferred to Pleasant Valley State Prison (“PVSP”). When an inmate seeks injunctive or 27 declaratory relief concerning the prison where he is incarcerated, his claims for such relief 28 become moot when he is no longer subjected to those conditions. See Weinstein v. Bradford, 423 1 1 U.S. 147, 149 (1975); Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995). Because plaintiff is 2 no longer housed at DVI, his claims for injunctive relief regarding conditions at DVI are moot. 3 Plaintiff did not file a notice of change of address reflecting his new address at PVSP. It 4 is the plaintiff’s responsibility to keep the court apprised of his current address at all times. The 5 court will direct the Clerk of the Court to amend court records to reflect plaintiff’s new address. 6 However, in the future, it is plaintiff’s duty to file a notice of change of address reflecting any 7 address change. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. 10 The Clerk of the Court shall amend court records to reflect plaintiff’s new address at Pleasant Valley State Prison, P.O. Box 8500, Coalinga, California, 93210; 11 2. The Clerk of the Court shall serve a copy of this order and findings and 12 recommendations on Deputy Attorney General Maureen C. Onyeagbako; and 13 IT IS HEREBY RECOMMENDED that plaintiff’s requests for injunctive relief contained 14 in his letters filed October 16, 2013, and October 29, 2013 be denied. 15 These findings and recommendations are submitted to the United States District Judge 16 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 17 after being served with these findings and recommendations, any party may file written 18 objections with the court and serve a copy on all parties. Such a document should be captioned 19 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 20 objections shall be filed and served within fourteen days after service of the objections. The 21 parties are advised that failure to file objections within the specified time may waive the right to 22 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 23 Dated: November 25, 2013 24 25 es2147.pi 26 27 28 2

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