Madsen

Smith v. Madsen

Good Law
United States District Court, Northern District of CaliforniaNovember 3, 20213:21-cv-04590California323 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 8 9 ANTHONY SMITH, Case No. 21-cv-04590-JSC

Plaintiff,

ORDER DENYING REQUEST FOR

v. COURT ORDER

H. MADSEN, et al., Re: Dkt. No. 21 Defendants.

Plaintiff, a California prisoner proceeding pro se, filed this civil rights lawsuit against three correctional officers at his prison, the California Training Facility (“CTF”). The parties consented to the jurisdiction of a Magistrate Judge. Defendants filed a motion for partial summary judgment, and Plaintiff’s opposition is due on or before November 24, 2021. Plaintiff has filed a request for an order prohibiting prison officials at CTF from opening his legal mail outside of his presence. Plaintiff has not indicated whether the officials who are violating this right are Defendants or other CTF officials, and the Court does not have jurisdiction to issue orders against non-parties. . While prison officials generally may not open incoming legal mail outside of a prisoner’s 23…

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