Haney v. Saldana, et al

Filing 80

ORDER Denying Plaintiff's Motion Requesting Emergency Court Order 79 , signed by Magistrate Judge Sheila K. Oberto on 5/9/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BRUCE PATRICK HANEY,

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CASE NO. 1:04-cv-05935-AWI-SKO PC

Plaintiff,

ORDER DENYING PLAINTIFF’S
MOTION REQUESTING EMERGENCY
COURT ORDER

v.
SALDANA, et al.,

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(Doc. 79)
Defendants.
/

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Plaintiff, Bruce Patrick Haney (hereinafter “Plaintiff”), a state prisoner proceeding pro se

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and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 6, 2004.

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On January 19, 2011, this Court issued Findings and Recommendations (the "F&R")

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recommending, among other things, that the Motion for Summary Judgment filed by Defendants

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Nelson and Saldana be granted and that the case be closed. (Doc. 72.) The parties were given

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thirty days from service of the F&R to file objections. (Id.) On January 31, 2011, Plaintiff filed

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a motion requesting a one-hundred twenty (120) day extension of time to file his objections to

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the F&R. (Doc. 73.) This request was granted and Plaintiff’s objections are due by June 21,

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2011. (Doc. 74.)

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On May 6, 2011, Plaintiff filed a “Notice of Motion and Motion Requesting Emergency

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Court Order,” seeking an order directing the Warden of Corcoran State Prison to provide Plaintiff

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with copies of all his legal documents with court deadlines. (Doc. 79, 1:18-25.) Plaintiff states

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that he is having difficulty obtaining multiple copies of documents to comply with the filing

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requirement of serving a copy on Defendants in this case (and apparently others), and being able
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to retain a copy of documents he files for his own records. Plaintiff states that, even though he

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has completed his objections to the F&R, the prison has refused to copy them.

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The Court recognizes that prison administrators “should be accorded wide-ranging

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deference in the adoption and execution of policies and practices that in their judgment are

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needed to preserve internal order and discipline and to maintain institutional security.” Whitley

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v. Albers, 475 U.S. 312, 321-322 (1986) (quoting Bell v. Wolfish, 441 U.S. 520, 547 (1970).

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Moreover, the Court lacks jurisdiction to issue an order requiring the prison to make copies for

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Plaintiff and/or to impose any requirements on parties not presently before it. See Zepeda v.

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United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985). Accordingly, this Court

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is unable to issue an order in this case imposing requirements on parties in other actions. Id.

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Since all of the defendants in this action are represented by the Attorney General’s Office,

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Plaintiff need not serve them with copies of his objections to the F&R as they will receive service

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of the filing via the court’s electronic filing system. However, as an officer of the court, the

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Deputy Attorney General assigned to this case is requested to contact the Litigation Coordinator

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at CSP-Corcoran to facilitate the copying of one set of Plaintiff’s objections to the F&R for

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Plaintiff to retain with his records. It is this Court’s understanding that the California

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Department of Corrections and Rehabilitation imposes limitations on copies for prisoner. This

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order is not asking that any such limitations be waived. Rather, the Court is concerned by

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Plaintiff’s representation that the prison is refusing to copy any of his documents and, due to the

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current posture (that the F&R will likely resolve the case in its entirety) and age of this case, the

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Court desires to proceed without a further extension of time. If necessary, the Deputy Attorney

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General assigned to this case is granted leave to file a status report delineating its efforts and

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responses received.

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Accordingly, Plaintiff’s Notice of Motion and Motion Requesting Emergency Court

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Order, filed May 6, 2011 (Doc. 79), is hereby DENIED.

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IT IS SO ORDERED.

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Dated:
ie14hj

May 9, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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