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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY K. GOMEZ,

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Plaintiff,
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v.
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EDWARD S. ALAMEIDA, JR., et al.,
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Defendants.
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____________________________________)

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

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Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On

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April 20, 2011, Plaintiff filed a motion for a court order directing the prison to allow him access to the

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law library, to enable him to comply with court orders in this action. (Doc. 10.) Plaintiff also requested

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an extension of time to return service documents to the court. Id.

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The court recognizes that prison administrators "should be accorded wide-ranging deference in

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the adoption and execution of policies and practices that in their judgment are needed to preserve

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internal order and discipline and to maintain institutional security." Whitley v. Albers, 475 U.S. 312,

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321-322 (1986) (quoting Bell v. Wolfish, 441 U.S. 520, 547 (1970). Accordingly, the court shall defer

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to the prison's policies and practices in granting access to the law library. Moreover, Plaintiff does not

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presently require access to the law library to comply with court orders in this action. Plaintiff's only

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pending deadline pursuant to a court order in this action is to complete the information on the service

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documents which were mailed to him on February 25, 2011, and return them to the court. No legal

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research is required to complete the service information. Plaintiff shall be granted twenty days in which

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to return the service documents.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff's motion for a court order directing the prison to allow him access to the law
library is DENIED;

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2.

Plaintiff’s motion for extension of time to submit service documents is GRANTED;

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3.

Plaintiff is granted twenty days from the date of service of this order in which to comply

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with the court’s order of February 25, 2011 and return the completed service documents

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to the court; and

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4.

No further extensions of time shall be granted without a showing of good cause.

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IT IS SO ORDERED.

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Dated:
6i0kij

April 21, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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