Opinion
Civil Action No. 05-1240.
August 29, 2005
MEMORANDUM ORDER
Plaintiff has written the Clerk of Court (Doc. 6) asking the Clerk to forward an attached letter to Judge Hicks. According to Plaintiff, he would send the letter to Judge Hicks directly, but he does not know the address.
The attached letter, which is dated August 17, 2005 and addressed to Judge Hicks, states that, since the filing of this action, Plaintiff gave a deposition in a case involving a deceased inmate, Billy Elliott. Plaintiff alleges that since that deposition, the staff at his institution has threatened his life, held his mail, opened his mail outside of his presence and denied him visitation. Plaintiff claims the deputies at the institution find reasons to cause him problems and/or threaten him. He asks Judge Hicks to help him "get away from this area" before "these people" act on their threats. Plaintiff states he asked Chief Weaver for a transfer, but does not believe Chief Weaver will help him.
Plaintiff's request that a copy of his letter to Judge Hicks be forwarded to Judge Hicks is granted. The Clerk is directed to provide a copy of Plaintiff's August 17, 2005 filings to Judge Hicks' chambers. However, to the extent that Plaintiff's August 17, 2005 letters request this court's assistance in obtaining a transfer, that request is denied. According to the United States Supreme Court, this court has no authority to order the State to transfer Plaintiff to another prison. Olim v. Wakinekona, 461 U.S. 238 (1983); Meachum v. Fano, 427 U.S. 215 (1976).