Beitman v. Correct Clear Solutions et al

Filing 260

ORDER that Plaintiff's Motion to Order Timely Copies (Doc. 255 ) is DENIED. See the attached order for additional information. Signed by Senior Judge James A. Teilborg on 2/18/2022. (RMW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lee Michael Beitman,

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Plaintiff,

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ORDER

v.

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No. CV-17-08229-PCT-JAT

S. Herrick, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s Motion to Order Timely Copies. (Doc.

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255).

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In his Motion, Plaintiff seeks an order requiring the Arizona Department of

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Corrections (ADOC) “to have copies made available to inmates doing [litigation] with

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the Court every business day before the legal mail goes out.” (Doc. 255 at 2–3). In

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Plaintiff’s view, ADOC and its library staff should be able to make use of the “several

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other copy machines available” throughout the prison facility for inmate legal copies

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instead of requiring that inmates only “have legal copies made in the facility library.” (Id.

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at 1–2). Plaintiff notes that it has been particularly difficult to get his legal copies made in

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time for his litigation deadlines during the Covid-19 lockdown procedures over the past

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two years. (Id. at 1).

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Plaintiff does not rely on any legal authority for his contention that the Court may

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order the ADOC and its staff to expedite the timeline for legal copies based on Plaintiff’s

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schedule. Moreover, to the extent Plaintiff is arguing that his right to access the courts is

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being infringed, the Court is not persuaded. As stated in the Court’s February 3, 2022,

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Order (Doc. 249), while the U.S. Supreme Court previously held that “the fundamental

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constitutional right of access to the courts requires prison authorities to assist inmates in

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the preparation and filing of meaningful legal papers by providing prisoners with

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adequate law libraries or adequate assistance from persons trained in the law,” Bounds v.

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Smith, 430 U.S. 817, 828 (1977), the U.S. Supreme Court has since explained that the

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right to access the courts prevents “state prison officials from actively interfering with

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inmates’ attempts to prepare legal documents or file them,” but does not establish a right

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to a law library or affirmative legal assistance, Lewis v. Casey, 518 U.S. 343, 350–51

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(1996).

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Here, Plaintiff has not shown that the ADOC’s alleged failure to provide him with

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copies at his preferred speed constitutes active interference with his litigation or that it

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has prejudiced him in any way. Indeed, the Court has routinely granted his motions for

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extension throughout this case.

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Additionally, Plaintiff’s Motion amounts to a request for a mandatory preliminary

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injunction on the ADOC to change its inmate legal copy procedures. Plaintiff has not met

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the standard for such an injunction.

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“A preliminary injunction is ‘an extraordinary and drastic remedy, one that should

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not be granted unless the movant, by a clear showing, carries the burden of persuasion.’”

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Lopez v. Brewer, 680 F.3d 1068, 1072 (9th Cir. 2012) (quoting Mazurek v. Armstrong,

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520 U.S. 968, 972 (1997) (per curiam)); see also Winter v. Natural Res. Def. Council,

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Inc., 555 U.S. 7, 24 (2008) (citation omitted) (“[a] preliminary injunction is an

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extraordinary remedy never awarded as of right”). A plaintiff seeking a preliminary

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injunction must show that (1) he is likely to succeed on the merits, (2) he is likely to

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suffer irreparable harm without an injunction, (3) the balance of equities tips in his favor,

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and (4) an injunction is in the public interest. Winter, 555 U.S. at 20. “But if a plaintiff

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can only show that there are ‘serious questions going to the merits’—a lesser showing

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than likelihood of success on the merits—then a preliminary injunction may still issue if

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the ‘balance of hardships tips sharply in the plaintiff’s favor,’ and the other two Winter

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factors are satisfied.” Shell Offshore, Inc. v. Greenpeace, Inc., 709 F.3d 1281, 1291 (9th

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Cir. 2013) (quoting Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th

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Cir. 2011)). Under this ‘serious questions’ variant of the Winter test, “[t]he elements ...

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must be balanced, so that a stronger showing of one element may offset a weaker

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showing of another.” Lopez, 680 F.3d at 1072.

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Regardless of which standard applies, the movant “has the burden of proof on each

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element of the test.” See Envtl. Council of Sacramento v. Slater, 184 F.Supp.2d 1016,

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1027 (E.D. Cal. 2000). Further, there is a heightened burden where a plaintiff seeks a

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mandatory preliminary injunction, which should not be granted “unless the facts and law

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clearly favor the plaintiff.” Comm. of Cent. Am. Refugees v. INS, 795 F.2d 1434, 1441

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(9th Cir. 1986) (citation omitted); see also Stanley v. Univ. of S. Calif., 13 F.3d 1313,

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1320 (9th Cir. 1994) (“A mandatory injunction ‘goes well beyond simply maintaining the

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status quo pendente lite [and] is particularly disfavored.’” (quoting Anderson v. United

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States, 612 F.2d 1112, 1114 (9th Cir.1979))). Additionally, the Prison Litigation Reform

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Act imposes additional requirements on prisoner litigants who seek preliminary

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injunctive relief against prison officials and requires that any injunctive relief be narrowly

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drawn and the least intrusive means necessary to correct the harm. 18 U.S.C. §

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3626(a)(2); see Gilmore v. People of the State of Cal., 220 F.3d 987, 999 (9th Cir. 2000).

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Here, Plaintiff does not address any of the Winter factors required for obtaining

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preliminary injunctive relief. Nor does he provide any sworn affidavits or other

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admissible evidence to support his Motion. A motion for preliminary injunction,

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including the likelihood of irreparable injury, must be supported by “[e]vidence that goes

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beyond the unverified allegations of the pleadings.” Fidelity Nat’ l Title Ins. Co. v.

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Castle, C 11-0896 SI, 2011 WL 5882878, at *3 (N.D. Cal. 2011) (internal citation

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omitted). Moreover, neither Defendant in this case works in the prison library so this case

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does not name the proper parties for the Court to issue the injunction that Plaintiff seeks.

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Accordingly,

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IT IS ORDERED that Plaintiff’s Motion to Order Timely Copies (Doc. 255) is
DENIED.
Dated this 18th day of February, 2022.

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