Gomez v. Alameida, et al

Filing 60

ORDER signed by Magistrate Judge Gary S. Austin on 4/21/2011 denying 59 Motion for the Court to order CSP-Corcoran Law Library to grant plaintiff (PLU) Status and granting Motion for Extension of time. (Filing Deadline: 5/16/2011). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 JEFFREY K. GOMEZ, ) ) Plaintiff, ) ) v. ) ) EDWARD S. ALAMEIDA, JR., et al., ) ) ) Defendants. ) ) ____________________________________) 1:04-cv-05495-LJO-GSA-PC ORDER DENYING MOTION FOR COURT ORDER DIRECTING PRISON TO PROVIDE PLAINTIFF ACCESS TO THE LAW LIBRARY, AND GRANTING EXTENSION OF TIME TO SUBMIT SERVICE DOCUMENTS (Doc. 59.) TWENTY DAY DEADLINE 17 18 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On 19 April 20, 2011, Plaintiff filed a motion for a court order directing the prison to allow him access to the 20 law library, to enable him to comply with court orders in this action. (Doc. 10.) Plaintiff also requested 21 an extension of time to return service documents to the court. Id. 22 The court recognizes that prison administrators "should be accorded wide-ranging deference in 23 the adoption and execution of policies and practices that in their judgment are needed to preserve 24 internal order and discipline and to maintain institutional security." Whitley v. Albers, 475 U.S. 312, 25 321-322 (1986) (quoting Bell v. Wolfish, 441 U.S. 520, 547 (1970). Accordingly, the court shall defer 26 to the prison's policies and practices in granting access to the law library. Moreover, Plaintiff does not 27 presently require access to the law library to comply with court orders in this action. Plaintiff's only 28 1 1 pending deadline pursuant to a court order in this action is to complete the information on the service 2 documents which were mailed to him on February 25, 2011, and return them to the court. No legal 3 research is required to complete the service information. Plaintiff shall be granted twenty days in which 4 to return the service documents. 5 Based on the foregoing, IT IS HEREBY ORDERED that: 6 1. 7 Plaintiff's motion for a court order directing the prison to allow him access to the law library is DENIED; 8 2. Plaintiff’s motion for extension of time to submit service documents is GRANTED; 9 3. Plaintiff is granted twenty days from the date of service of this order in which to comply 10 with the court’s order of February 25, 2011 and return the completed service documents 11 to the court; and 12 4. No further extensions of time shall be granted without a showing of good cause. 13 14 IT IS SO ORDERED. 15 Dated: 6i0kij April 21, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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