Stebbins

(PC) Talavera v. Stebbins

Good Law
United States District Court, Eastern District of CaliforniaAugust 10, 20201:20-cv-00580California851 words

Opinion

Trial Court Opinion

I. BACKGROUND

18 Fernando Talavera (“Plaintiff”) is a former prisoner proceeding pro se and in forma 19 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. In the original Complaint, 20 filed on April 23, 2020, Plaintiff names as defendants ten correctional officers employed at Kern 21 Valley State Prison and alleges violations of Plaintiff’s constitutional rights to medical care, 22 mental health care, basic necessities, proper disciplinary proceedings, and freedom from 23 retaliation. (ECF No. 1.)

II. FINDINGS

25 On May 4, 2020, the court issued an Order granting Plaintiff leave to proceed in forma 26 pauperis in this case. (ECF No. 5.) The Order was served on Plaintiff at his address of record 27 at California State Prison-Sacramento in Represa, California. (Court Record.) On May 14, 2020, 28 Plaintiff filed a notice of change of address to 47254 Diane Street, Indio, California 92201. (ECF No. 8.) On May 14, 2020, the court re-served the court’s May 4, 2020 Order on Plaintiff at the new address. (Court Record.) On May 19, 2020, the United States Postal Service returned the Order as undeliverable. (Court Docket.) A…

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