James v. Wilber et al

Filing 87

ORDER signed by Magistrate Judge Sheila K. Oberto on 8/28/2012 granting 86 Motion for copies of select Federal and Local Rules, and requesting Defense Counsel's assistance in facilitating minimal access for plaintiff to prepare for trial. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICKY W. JAMES,

CASE NO. 1:08-cv-00351-SKO PC

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Plaintiff,

ORDER GRANTING MOTION FOR COPIES
OF SELECT FEDERAL AND LOCAL RULES,
AND REQUESTING DEFENSE COUNSEL’S
ASSISTANCE IN FACILITATING MINIMAL
ACCESS FOR PLAINTIFF TO PREPARE FOR
TRIAL

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v.
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J. WILBER, et al.,
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Defendants.
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(Doc. 86)
/

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Plaintiff Ricky W. James, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on March 12, 2008. This action is set for jury trial

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on January 15, 2013. On August 20, 2012, Plaintiff filed a motion seeking copies of select Federal

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and Local Rules to assist him in preparing his pretrial statement, which is due on October 1, 2012.

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Plaintiff also seeks access to the law library at Kern Valley State Prison.

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Plaintiff’s request for copies of Federal Rules 16(c) and 26(a)(3), and Local Rules 138(e) and
293 shall be granted.

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As Plaintiff recognizes, the Court’s jurisdiction is limited and it cannot order prison officials

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to allow Plaintiff access to the law library. E.g., Steel Co. v. Citizens for a Better Env’t, 523 U.S.

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83, 102-04, 118 S.Ct. 1003 (1998); American Civil Liberties Union of Nevada v. Masto, 670 F.3d

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1046, 1061-62 (9th Cir. 2012). In addition to jurisdictional limitations, expertise in managing the

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day-to-day operations of a prison, including maintaining the safety and security of inmates and staff,

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lies with prison officials and not courts. See e.g., Overton v. Bazzetta, 539 U.S. 126, 132, 123 S.Ct.

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2162 (2003) (prison officials entitled to substantial deference); Sandin v. Conner, 515 U.S. 472, 4821

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83, 115 S.Ct. 2293 (1995) (disapproving the involvement of federal courts in the day-to-day-

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management of prisons).

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Nevertheless, this civil rights action is set for jury trial and Plaintiff is entitled to some

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accommodation to allow him to prepare for trial. Silva v. Vittorio, 658 F.3d 1090, 1101-04 (9th Cir.

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2011). While access to the law library and/or legal materials may be far less than ideal, there must

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still be some access. Id. To that end, the Court requests that Defendants’ counsel, as an officer of

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the court, contact the Litigation Office at Kern Valley State Prison to notify litigation staff of the

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upcoming jury trial and to request that they facilitate at least minimal accommodation to allow

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Plaintiff to prepare for trial, which includes complying with the deadlines set in the second

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scheduling order. Counsel’s cooperation is appreciated.

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Accordingly, based on the foregoing, it is HEREBY ORDERED that:

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1.

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Plaintiff’s motion for copies and law library access, filed on August 20, 2012, is
GRANTED in part as set forth above;

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2.

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The Clerk’s Office shall send Plaintiff courtesy copies of Federal Rules 16 and 26,
and Local Rules 138 and 293; and

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3.

Defendants’ counsel is requested to contact the Litigation Office at Kern Valley State

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Prison to notify staff of the upcoming trial in this action and request that staff

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facilitate sufficient access to the law library and/or legal material to allow Plaintiff

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to prepare for trial and comply with the second scheduling order.

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IT IS SO ORDERED.

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Dated:
ie14hj

August 28, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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