Bell v. Cal. Dept. of Corrections and Rehabilitation CA6

Background On July 18, 2013, Bell filed a “Petition for Writ of Habeas Corpus and Motion for Preliminary Injunction and Temporary Restraining Order” in the Monterey County Superior Court. In the pleading, Bell sought injunctive relief prohibiting the California Department of Corrections and Rehabilitation (CDCR) from disposing of his excess personal property. In particular, Bell sought to prohibit the CDCR from disposing of some of his legal research documents and religious books and publications upon his transfer to SATF–CSP on July 16, 2013. At the time Bell filed the “petition,” he was an inmate at Salinas Valley State Prison (SVSP). On November 8, 2013, the trial court dismissed the “petition.” The trial court deemed the “petition” moot since, according to Bell his transfer to SATF-CSP was scheduled for July 16, 2013. On December 5, 2013, Bell filed a handwritten notice of appeal with the Monterey County Superior Court; he appealed from “the court’s refusal to issue a temporary restraining order and preliminary injunction.” Appealability In essence, respondent contends that the denial of injunctive relief is not an appealable order because Bell filed his request as a petition…