Brown v. Harris et al

Filing 21

ORDER signed by Magistrate Judge Gary S. Austin on 11/4/2013 denying 20 Motion for court order directing law librarian to provide Plaintiff access to the law library. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CORNELL BROWN,

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Plaintiff,

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1:12-cv-01472-GSA-PC
ORDER DENYING MOTION FOR COURT
ORDER DIRECTING LAW LIBRARIAN
TO PROVIDE PLAINTIFF ACCESS TO
THE LAW LIBRARY
(Doc. 20.)

vs.
C/O R. HARRIS, et al.,
Defendants.

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Cornell Brown (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff has consented to

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Magistrate Judge jurisdiction in this action. (Doc. 5.) This case now proceeds on Plaintiff’s

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initial Complaint filed on September 10, 2012, against defendant Harris for excessive force in

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violation of the Eighth Amendment, and defendant Nelson for failure to protect Plaintiff in

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violation of the Eighth Amendment. (Doc. 1.)

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On November 1, 2013, Plaintiff filed a motion for a court order directing the law

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librarian at the prison to allow him access to the law library, to enable him to litigate this

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action. (Doc. 20.)

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The court recognizes that prison administrators "should be accorded wide-ranging

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deference in the adoption and execution of policies and practices that in their judgment are

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needed to preserve internal order and discipline and to maintain institutional security." Whitley
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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

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

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with court orders in this action. Plaintiff presently has no pending court deadlines.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion for a court
order directing the law librarian to allow him access to the law library is DENIED.

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IT IS SO ORDERED.
Dated:

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November 4, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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