Miller v. Rufion, et al

Filing 143

ORDER: (1) DENYING Request for Materials and Library Time Without Prejudice; and (2) Setting Telephonic Status Conference 137 , signed by Magistrate Judge William McCurine, Jr on 6/21/11: Telephonic Status Conference set for June 29, 2011 at 11:30 a.m. Defense counsel is ORDERED to coordinate Plaintiff's appearance by phone and then contact the Court on the day and at the time listed at [phone]. (Hellings, J)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GERALD L. MILLER, JR.
CDCR #C-92075
Plaintiff,
v.

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O. RUFION; MOONGA, R.N.,

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Defendants.

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Civil No. 08-1233 BTM (WMc)
ORDER: (1) DENYING REQUEST FOR
MATERIALS AND LIBRARY TIME
WITHOUT PREJUDICE; AND (2)
SETTING TELEPHONIC STATUS
CONFERENCE [Doc. No. 137]

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I. INTRODUCTION
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On May 6, 2011, Plaintiff filed a motion requesting this Court order the Calipatria State Prison to
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return confiscated legal materials as well as an order directing the prison to provide four hours of library time
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to the Plaintiff once a week. [See Doc. No. 137 at p. 2.] Plaintiff states he needs his legal materials as well
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as research time in the library to meet upcoming court deadlines and dates. The Court notes Plaintiff has a
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pre-trial conference date of August 29, 2011 before the Honorable Barry T. Moskowitz. [Doc. No. 133.]
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II. STANDARD OF REVIEW
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Prison officials of necessity must regulate the time, manner, and place in which library facilities are
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used. Lindquist v. Idaho State Bd. of Corrections, 776 F.2d 851, 858 (9th Cir.1985). There is no minimum

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requirement that a state must meet in order to provide indigent prisoners with adequate access to the courts.
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King v. Atiyeh, 814 F.2d 565, 568 (9th Cir. 1987). Similarly, the Constitution does not guarantee a prisoner

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unlimited access to the law library. Lindquist, 776 F.2d at 856.
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08-1233 BT M (W M c)

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III. DISCUSSION AND ORDER THEREON
In his motion, Plaintiff claims he was placed in administrative segregation where he was denied

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time in the law library and denied access to his legal materials. [See Doc. No. 137 at p. 2.] Consequently,

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he seeks an order from the Court for legal materials and library access. However, delays in providing

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legal materials or assistance are “not of constitutional significance” if the delay is reasonably related to

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legitimate penological purposes. Lewis v. Casey, 518 U.S. 343, 362 (1996). Here, Plaintiff indicates he

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was unable to access the library or legal materials due to his placement in administrative segregation for a

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rule violation. [See Doc. No. 137 at p. 2.] Courts must provide deference to prison administrators “in the

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

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order and discipline and to maintain institutional security.” Bell v. Wolfish, 441 U.S. 520, 547 (1979).

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Accordingly, Plaintiff’s request for legal materials and four hours of library time is DENIED without

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prejudice.

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In order to determine the present status of Plaintiff’s confinement in administrative segregation as

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well as the location of any legal materials, the Court will hold a telephonic status conference on June 29,

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2011 at 11:30 a.m. Defense counsel is ORDERED to coordinate Plaintiff’s appearance by phone

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and then contact the Court on the day and at the time listed above at [phone].

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IT IS SO ORDERED.
DATED: June 21, 2011

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Hon. William McCurine, Jr.
U.S. Magistrate Judge, U.S. District Court

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08-1233 BT M (W M c)