Bryant v. Gallagher et al

Filing 23

ORDER Denying Plaintiff's 22 Motion for Immediate and Emergency Court Order signed by Magistrate Judge Sandra M. Snyder on 08/31/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN DARNELL BRYANT,

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Plaintiff,

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CASE NO. 1:11-cv-00446-SMS PC
ORDER DENYING PLAINTIFF’S MOTION FOR
IMMEDIATE AND EMERGENCY COURT
ORDER

v.
GALLAGHER, et al.,

(ECF No. 22)
Defendants.
/

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Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the

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first amended complaint, filed July 5, 2011, against Defendant Romero for deliberate indifference

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to serious medical needs in violation of the Eighth Amendment and Defendants Gallagher and

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Romero for conspiracy, retaliation in violation of the First Amendment, and failure to protect in

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violation of the Eighth Amendment. On August 29, 2011, Plaintiff filed a motion for an immediate

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and emergency court order. (ECF No. 22.)

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Plaintiff is currently housed in administrative segregation and is not allowed physical access

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to the law library, but must follow the procedure in place for access to legal materials and

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photocopies. Plaintiff is seeking an order directing the warden and litigation coordinator to provide

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him with physical access to the law library, photocopying by a free staff librarian and not custody

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personnel, and photocopies in excess of 100 per week.

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Federal courts are courts of limited jurisdiction and in considering a request for preliminary

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injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have before
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it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983); Valley

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Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471

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(1982). If the Court does not have an actual case or controversy before it, it has no power to hear

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the matter in question. Valley Forge Christian Coll., 454 U.S. at 471; also Steel Co. v. Citizens for

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a Better Env’t, 523 U.S. 83, 94 (1998). The Prison Litigation Reform Act also places limitations on

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injunctive relief. Section 3626(a)(1)(A) provides in relevant part, “Prospective relief in any civil

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action with respect to prison conditions shall extend no further than necessary to correct the violation

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of the Federal right of a particular plaintiff or plaintiffs.”

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The case or controversy requirement cannot be met in light of the fact that the issue Plaintiff

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seeks to remedy in his motion bears no relation to the claim that are proceeding in this action.

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Lyons, 461 U.S. at 102; 18 U.S.C. § 3626(a)(1)(A); also Summers v. Earth Island Inst., 129 S. Ct.

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1142, 1148-49 (2009); Steel Co., 523 U.S. at 102-04, 107. Because the case-or-controversy

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requirement cannot be met, the pendency of this action provides no basis upon which to award

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Plaintiff the injunctive relief requested. Steel Co., 523 U.S. at 102-103.

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Additionally, prison administrators "should be accorded wide-ranging deference in the

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

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internal order and discipline and to maintain institutional security." Whitley v. Albers, 475 U.S. 312,

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321-322 (1986) (quoting Bell v. Wolfish, 441 U.S. 520, 547 (1970). While inmates do have a

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constitutional right to access to the courts it does not include unlimited access to the law library and

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photocopies. Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1989) overruled on other grounds by

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Lewis v. Casey, 581 U.S. 343, 350-55 (1996).

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Plaintiff is advised that it is his responsibility to keep copies of any documents that he

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submits to the court and he needs to take whatever steps necessary, whether it be hand copying the

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documents or planning ahead to allow himself enough time to obtain the copies prior to submitting

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his pleadings. If Plaintiff needs additional time to obtain copies of his pleadings he needs to file a

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motion for extension of time prior to the deadline provided by the court.

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Plaintiff has requested that the Clerk’s Office provide copies of the documents he has filed

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with the Court. The Clerk’s Office will provide copies for Plaintiff at a cost of $0.50 per page. If
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Plaintiff wishes to have copies of documents filed with the Court, he needs to submit the appropriate

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payment to the Clerk’s Office, as well as a self addressed stamped return envelope.

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Accordingly, Plaintiff’s motion for an immediate and emergency court order, filed August
29, 2011, is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
icido3

August 31, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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