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Baldwin v. California Dep't of Corrections and Rehabilitation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 18, 2009

GREGORY V. BALDWIN, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

The court, by separate order, has found plaintiff's complaint, filed on March 16, 2009, appropriate for service. In a document entitled "motion for emergency injunctive relief," filed on May 13, 2009 (docket # 8), which the court construes as a motion for a temporary restraining order, plaintiff avers that one of the named defendants, Officer Fannon, whom plaintiff alleges is responsible for plaintiff's being in a wheelchair, continues to pose an imminent threat to his safety and plaintiff seeks an immediate transfer.

Accordingly, IT IS ORDERED that:

1. Defendants have ten (10) days to respond to plaintiff's request for immediate injunctive relief. The court intends to act on the request within two weeks. There will be no extension of time granted for defendants' response.

2. The Attorney General and defendants must take any steps necessary to assure that plaintiff is not at risk at High Desert State Prison and that his safety is not threatened.

3. The Clerk of the Court is directed to serve a copy of the original complaint, a copy of plaintiff's motion, filed on May 13, 2009, and a copy of this order upon Jennifer Neill, Supervising Deputy Attorney General.

20090518

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