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Barno v. Ryan

August 22, 2008

RODNEY BERNARD BARNO, CDCR #V- PLAINTIFF,
v.
STUART RYAN; JEAN WOODFORD; CORTEZ, CORRECTIONAL COUNSELOR; HOMER, CORRECTIONAL COUNSELOR, DEFENDANTS.



The opinion of the court was delivered by: Hon. William McCurine, Jr. U.S. Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION [Doc. No. 20]

I. Introduction

In this prisoner civil rights case, Rodney Bernard Barno ("Plaintiff") is proceeding pro se and in forma pauperis ("IFP") pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915(a). Currently pending is Plaintiff's motion for preliminary injunction. [Doc. No. 20.] Defendants filed an opposition to Plain-tiff's motion on May 13, 2008. [Doc. No. 39.] No reply has been filed.

Plaintiff seeks a preliminary injunction against the current Director of Corrections, Defendant John Dovey, J. Homer and P. Cortez to enjoin them from:

1. Opening legal correspondence to and from the Court;

2. Implying and/or classifying Plaintiff as a sexual offender;

3. Conducting a retaliatory transfer of Plaintiff in the future; and

4. Misplacing Plaintiff's legal materials and/or property if a transfer occurs. (Plaintiff's Mtn. Pp. 1-3.)

For the reasons set forth below, Plaintiff's motion is DENIED.

II. Factual Background

Plaintiff alleges that on March 1, 2005, he was transferred from the San Diego County Jail to the R.J. Donovan Correctional Facility ("RJDCF") for intake and processing. During his placement at the RJDCF, Plaintiff alleges correctional officer Defendant Cortez "made notations in plaintiff's C-file and altered official documents (Institutional Staff Recommendation Summary) alleging he has a sex crime with a minor and noted an 'R' suffix (sex offender designation) needs to be considered." See First Amended Complaint ("FAC") at p. 6, para. 15.

On August 2, 2005, Plaintiff was transferred from RJDCF to Calipatria State Prison. Plaintiff alleges that upon his arrival at Calipatria, he was placed in administrative segregation without access to his personal property and not given a copy of the California Code of Regulations. (FAC at p.6, para.17.) On August 18, 2005, Plaintiff was called before the Institution Classification Committee. He does not recall being provided with prior written notice of the hearing. (FAC, p. 6, para.18.) As a result of the hearing, Plaintiff alleges the warden of Calipatria, Defendant Ryan, placed an "R"suffix on Plaintiff's C-file and restricted his visits with minors until a copy of the arrest report describing the conduct in question could be ordered and reviewed. (FAC, pp. 6-7, para.18.) The August 18, 2005, Institutional Classification Committee Report reads:

"Upon review of the ISRS, the sending Institution is requesting that the receiving Institution evaluate Inmate for possible "R" suffix. Upon review of the POR (Probation Officer's Report), page 13, it is documented Inmate Barno had sexual intercourse with a minor, documenting threats and violence to the Victim. Upon further review of the central file, it is noted this resulted in an arrest for PC 646.9(a) Stalking and PC 422 Threaten Crime with Intent to Terrorize. In mate was retained for 30 days in County Jail and released due to lack of evidence. On 08/09/2005, a CDC 850 was completed requesting the Arrest Report for further review and evaluation ...


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