Miller v. Rufion, et al

Filing 150

ORDER signed by Judge Barry T. Moskowitz on 7/22/2011 OVERRULING 147 Objection filed by Gerald L. Miller, Jr. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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GERALD L. MILLER, JR.,

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Case No. 08cv1233 BTM(WMc)
Plaintiff,

ORDER OVERRULING OBJECTION

v.
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O. RUFINO, et al.
Defendants.

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On July 5, 2011, Plaintiff filed an objection to Magistrate Judge McCurine’s June 22,
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2011 Order, denying without prejudice Plaintiff’s request for legal materials and library time.
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Plaintiff’s objection was premature. The Magistrate Judge was continuing to hold status
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conferences to investigate Plaintiff’s access to the library and the location of Plaintiff’s legal
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materials. In an order filed on June 27, 2011, Magistrate Judge McCurine ordered the
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Litigation Coordinator at Calipatria State Prison (1) to assist Plaintiff in locating all legal mail
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and (2) to report to Judge McCurine the location of Plaintiff’s legal mail and Plaintiff’s mail
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status. The Court held telephonic conferences on June 29 and July 14 to obtain more
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information from the Litigation Coordinator regarding Plaintiff’s access/use of the library. In
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an order filed on July 15, 2011, Judge McCurine ordered that Plaintiff be granted Preferred
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Library User status. The order also explained that although Plaintiff had indicated that he
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had received his legal mail and materials, he was still experiencing a disruption in the service
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08cv1233 BTM(WMc)

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of his personal mail. Accordingly, Judge McCurine directed the Litigation Coordinator to

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investigate the status of Plaintiff’s personal mail and provide a report at the next telephonic

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status conference on July 28, 2011. It appears that Judge McCurine has addressed

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Plaintiff’s concerns and is continuing to follow up on the issue of Plaintiff’s personal mail.

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Therefore, Plaintiff’s objection is OVERRULED.

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IT IS SO ORDERED.

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DATED: July 22, 2011
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Honorable Barry Ted Moskowitz
United States District Judge

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08cv1233 BTM(WMc)