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Aaron James Pierce v. Dr. E. Flores

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 2, 2011

AARON JAMES PIERCE,
PLAINTIFF,
v.
DR. E. FLORES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER ADDRESSING DECLARATION

(Doc. 28)

Plaintiff Aaron James Pierce, a former state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 20, 2010. On May 25, 2011, Plaintiff filed a notice of change of address in which he also included a declaration setting forth problems he is encountering regarding requests for assistance from his parole officer and in obtaining permanent housing.

This action is confined to Plaintiff's Eighth Amendment claims of inadequate medical care while he was incarcerated at North Kern State Prison in Delano, California, and the Court lacks jurisdiction to address Plaintiff's current situation. Summers v. Earth Island Institute, 555 U.S. 488, ___, 129 S.Ct. 1142, 1149 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). Plaintiff is residing in Oxnard, California, and while the Court expresses no opinion whether Plaintiff has any viable claims for relief based on his current situation, those claims would have to be brought in the Central District of California in any event.

Accordingly, the Court has reviewed Plaintiff's declaration, but Plaintiff has no standing in this action to seek relief remedying his current situation and his declaration is therefore deemed addressed by the issuance of this order.

IT IS SO ORDERED.

20110602

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