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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 GERALD L. MILLER, JR., 13 Case No. 08cv1233 BTM(WMc) Plaintiff, ORDER OVERRULING OBJECTION v. 14 15 16 O. RUFINO, et al. Defendants. 17 On July 5, 2011, Plaintiff filed an objection to Magistrate Judge McCurine’s June 22, 18 2011 Order, denying without prejudice Plaintiff’s request for legal materials and library time. 19 Plaintiff’s objection was premature. The Magistrate Judge was continuing to hold status 20 conferences to investigate Plaintiff’s access to the library and the location of Plaintiff’s legal 21 materials. In an order filed on June 27, 2011, Magistrate Judge McCurine ordered the 22 Litigation Coordinator at Calipatria State Prison (1) to assist Plaintiff in locating all legal mail 23 and (2) to report to Judge McCurine the location of Plaintiff’s legal mail and Plaintiff’s mail 24 status. The Court held telephonic conferences on June 29 and July 14 to obtain more 25 information from the Litigation Coordinator regarding Plaintiff’s access/use of the library. In 26 an order filed on July 15, 2011, Judge McCurine ordered that Plaintiff be granted Preferred 27 Library User status. The order also explained that although Plaintiff had indicated that he 28 had received his legal mail and materials, he was still experiencing a disruption in the service 1 08cv1233 BTM(WMc) 1 of his personal mail. Accordingly, Judge McCurine directed the Litigation Coordinator to 2 investigate the status of Plaintiff’s personal mail and provide a report at the next telephonic 3 status conference on July 28, 2011. It appears that Judge McCurine has addressed 4 Plaintiff’s concerns and is continuing to follow up on the issue of Plaintiff’s personal mail. 5 Therefore, Plaintiff’s objection is OVERRULED. 6 IT IS SO ORDERED. 7 DATED: July 22, 2011 8 9 10 Honorable Barry Ted Moskowitz United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 08cv1233 BTM(WMc)

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