Chacon v. Cerrini, et al.

Filing 23

ORDER DENYING 15 Motion for Court Order Granting Access to Law Library; ORDER DENYING 18 Motion for Extension of Time signed by Magistrate Judge Gary S. Austin on 6/15/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDIN A. CHACON,

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Plaintiff,
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vs.
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J. CERRINI, et al.,
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Defendants.
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____________________________________)

1:11-cv-01689-GSA-PC
ORDER DENYING MOTION FOR
COURT ORDER GRANTING ACCESS
TO LAW LIBRARY
(Doc. 15.)
ORDER DENYING MOTION
EXTENSION OF TIME
(Doc. 18.)

FOR

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Edin A. Chacon ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this
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civil rights action pursuant to 42 U.S.C. § 1983. On November 23, 2011, Plaintiff filed a motion for a
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court order providing him with access to the law library. (Doc. 15.) On March 22, 2012, Plaintiff filed
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a motion for an extension of time. (Doc. 18.)
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I.

MOTION FOR ACCESS TO LAW LIBRARY

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Plaintiff seeks a court order directing prison officials to provide him with access to the law
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library during the pendency of this action. The court recognizes that prison administrators "should be
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accorded wide-ranging deference in the adoption and execution of policies and practices that in their
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judgment are needed to preserve internal order and discipline and to maintain institutional security."
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Whitley v. Albers, 475 U.S. 312, 321-322 (1986) (quoting Bell v. Wolfish, 441 U.S. 520, 547 (1970).
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Accordingly, the court shall defer to the prison's policies and practices in granting access to the law

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library. Moreover, Plaintiff does not presently require access to the law library to comply with court

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orders in this action. Therefore, Plaintiff’s motion shall be denied.

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II.

MOTION FOR EXTENSION OF TIME

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Plaintiff also seeks a court order granting him an extension of time, establishing a deadline in

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this action to enable him to obtain Priority Legal Use status at the prison and gain access to the law

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library. As discussed above, the Court shall not issue an order directing prison officials to allow Plaintiff

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access to the law library. Plaintiff does not require an extension of time in this action at this time,

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because there are no court deadlines currently pending in this action. Therefore, Plaintiff’s motion shall

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be denied.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for a court order enabling him to gain access to the law library, filed
on November 23, 2011, is DENIED; and

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2.

Plaintiff’s motion for extension of time, filed on March 22, 2012, is DENIED.

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IT IS SO ORDERED.

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Dated:
6i0kij

June 15, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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