Farmer

MEMORANDUM AND ORDER

Plaintiff is currently incarcerated at the Federal Correctional Institution, Lompoc, California. Previously, plaintiff was incarcerated in state prison at San Quentin, California, and on July 20, 1977, was released from San Quentin into the custody of the United States Marshal in order to be transferred to the United States Penitentiary, Leavenworth, Kansas. Because of the amount of personal property accumulated by plaintiff while at San Quentin, some of his property had to be left with the Marshal at the time of transfer. Subsequently, the property was shipped to Leavenworth by the Marshal’s office. On January 3, 1978, plaintiff brought this civil action in propria persona against Frank X. Klein, United States Marshal for the Northern District of California, Wayne E. Hardage, United States Deputy Marshal, and two unnamed Deputy Marshals, complaining that his property had arrived in a damaged condition, violating plaintiff’s rights under the Constitution of the United States, specifically, those enunciated in Amendments I, IV, V, and XIV. On April 17, 1978, this Court ordered that the complaint and summons be served upon the named defendants and granted…