Simmons v. Hedgpeth

Filing 184

ORDER Denying Plaintiff's 174 Motion for Court Order Granting Access to Inmate Witnesses, signed by Magistrate Judge Stanley A. Boone on 6/2/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER I. SIMMONS,

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Plaintiff,

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v.

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GRISSOM, et al.,

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Defendants.

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Case No.: 1:07-cv-01058-DAD-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR COURT ORDER GRANTING ACCESS
TO INMATE WITNESSES
[ECF No. 174]

Plaintiff Christopher I. Simmons is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for a court order granting him access to

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communicate to inmate witnesses, filed May 6, 2016. Defendants filed an opposition on May 19,

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2016, and Plaintiff filed a reply on May 31, 2016.

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Plaintiff seeks a court order compelling the California Medical Facility litigation coordinator, a

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non-party, to provide access to the location of inmate witnesses listed in Plaintiff group appeal.

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Plaintiff’s motion must be denied. More specifically, Plaintiff seeks to communicate with fifty-six

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inmate witnesses and obtain the current location of each inmate witness, a contact person who is

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authorized to grant permission for correspondence, and authorization to expedite the process in

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granting permission for limited correspondence through the litigation coordinators at each institution.

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Plaintiff seeks to communicate with the inmates witnesses “to determine who, if any, intends to join or

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intervene in this action, no more no less.” (Reply at 4:13-13.)

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First, Plaintiff does not have an unfettered right to access to legal materials and witnesses as

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such right must be “balanced against the legitimate security needs or resource constraints of the

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prison.” United States v. Sarno, 73 F.3d 1470, 1491 (9th Cir. 1995) (citation omitted); see also

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Valandingham v. Bojorquez, 866 F.2d 1135, 1141 (9th Cir. 1989) (Plaintiff prisoner “litigating pro se

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has the right to undertake the legal investigation and documentation of his claims in the manner that an

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attorney would, subject to the security and disciplinary requirements of a prison.”) To the extent

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Plaintiff seeks to communicate confidentially with other inmates such action would clearly raise

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security concerns.
Second, the Court does not have jurisdiction in this case over any other than Plaintiff and

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Defendants, and cannot order that Plaintiff be allowed to correspond with his witnesses. See, e.g.,

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City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge Christian Coll. V. Ams. United

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for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982); Jones v. City of Los Angeles, 444

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F.3d 1118, 1126 (9th Cir. 2006). Accordingly, the Court cannot compel a non-party to act on

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Plaintiff’s behalf.

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Third, inmates may only correspond with one another if they obtain written authorization from

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the appropriate prison officials. Cal. Code Regs., tit. 15 § 3139 (2016). Plaintiff has not shown any

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attempt to utilize available and permissible channels in this motion. The fact that Plaintiff believes

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such channels will not be successful does not overcome his requirement to utilize such procedure.

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Last, Plaintiff cannot bring a class action or join other individuals in this action. A pro se

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prisoner plaintiff may not bring a class action because the inmate is not an adequate class

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representative able to fairly represent and adequately protect the interests of the class. Fed. R. Civ. P.

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23(a); Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975); see also Russell v. United States,

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308 F.2d 78, 79 (9th Cir. 1962) (holding “a litigant appearing in propria persona has no authority to

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represent anyone other than himself”). Furthermore, although Rule 24 of the Federal Rules of Civil

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Procedure allows intervention in actions (if certain requirements are meet), Plaintiff is remiss in his

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claim that he is in need of a court order to communication with the inmate witnesses as to such action.
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Based on the foregoing, Plaintiff’s motion for a court order granting access to communicate

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with inmate witnesses is DENIED.

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IT IS SO ORDERED.

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Dated:

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June 2, 2016
UNITED STATES MAGISTRATE JUDGE

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