Halliday et al v. Spjute et al

Filing 378

ORDER RE: REQUESTS FOR ADDITIONAL MONTHLY PHONE MINUTES AT TAFT CORRECTIONAL INSTITUION AND TO FILE RECORDS UNDER SEAL, signed by District Judge Anthony W. Ishii on 3/29/2016. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL IOANE, et al,

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Plaintiffs
v.
KENT SPJUTE, et al,

CASE NO. 1:07-CV-0620 AWI EPG
ORDER RE: REQUESTS FOR
ADDITIONAL MONTHLY PHONE
MINUTES AT TAFT CORRECTIONAL
INSTITUION AND TO FILE RECORDS
UNDER SEAL

Defendants
(Docs. 367 and 368)

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Plaintiff Michael Ioane, Sr. is incarcerated at Taft Correctional Institute where he is given

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300 minutes per month of phone time. Michael Ioane, Sr.is asking for an additional 650 minutes

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per month to deal with legal issues in this case and other litigation. Defendants oppose the

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request. Michael Ioane, Sr. states “Absent an order from Court directed to the Bureau of Prisons,

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Ioane will not be able to prepare this action for trial or appropriately handle his criminal and other

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civil matters which is in violation of the policy of the federal court to allow inmates access to

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courts to address their legal matters while in prison.” Doc. 367, 4:24-5:3. In a related motion,

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Michael Ioane, Sr. sought to file his wife’s (Plaintiff Shelly Ioane) medical report under seal. Doc.

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368. Plaintiff explains that he provides it as evidence in support of his request for an increase in

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the monthly phone limit: “Because Mrs. Ioane’s present condition renders her unable to assist in

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trial preparation, Mr. Ioane needs reasonable accommodations from the Court, including increased

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monthly phone minutes so that he may communicate with witnesses, attorneys, paralegals, legal

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service providers, and others in order to prepare for trial.” Doc. 374, 3:2-7. Michael Ioane, Sr. has

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not shown that the limit placed on his use of the phone constitutes an “actual injury – that is,

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actual prejudice with respect to contemplated or existing litigation, such as the inability to meet a

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filing deadline or to present a claim.” Lewis v. Casey, 518 U.S. 343, 348 (1996), citations omitted.

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Michael Ioane, Sr. asserts that “For example, making a telephonic appearance on a District Court

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law and motion matter may entail an hour or more on the line until the case is called.” Doc. 367,

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4:13-15. However, non-party Taft Correctional Institute has clarified that all of Plaintiff’s calls for

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court hearings in this case (including time waiting for the matter to be called) are handled in a

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special manner that does not count against his monthly limit. This motion can be resolved without

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examining the medical records of Shelly Ioane. Even assuming that she is unable to take

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additional steps to assist him in this case, that places Michael Ioane, Sr. in the same position as an

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inmate without any family outside the prison. No special procedures appear to be warranted.

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“[J]ail officials are not constitutionally compelled to provide ‘ideal’ access to the courts, and

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plaintiff’s allegations of limited access to phones, law libraries and legal materials are insufficient

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to satisfy the ‘actual injury’ requirement.” Lookadoo v. L.A. Cnty. Sheriff’s Dep’t, 2016 U.S.

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Dist. LEXIS 14508, *19 (C.D. Cal. Feb. 4, 2016).

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Plaintiff Michael Ioane, Sr.’s request for 650 minutes per month additional phone time is
DENIED. Plaintiff Michael Ioane, Sr.’s request to file medical records under seal is DENIED.

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IT IS SO ORDERED.
Dated: March 29, 2016
SENIOR DISTRICT JUDGE

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