Daniels v. Tolson, et al.

Filing 37

ORDER DENYING 34 Motion for "Priority Legal User" Status signed by Magistrate Judge Sheila K. Oberto on 10/6/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NORMAN GERALD DANIELS III,
Plaintiff,

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Case No. 1:13-cv-00202-AWI-SKO PC
ORDER DENYING MOTION FOR
“PRIORITY LEGAL USER” STATUS

v.
(Doc. 34)

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R. TOLSON, et al.,

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Defendants.
_____________________________________/

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Plaintiff Norman Gerald Daniels III, a state prisoner, is proceeding pro se and in forma

17 pauperis in this civil action brought pursuant to 42 U.S.C. § 12132, the Americans with
18 Disabilities Act (“ADA”). On October 5, 2015, Plaintiff filed a motion seeking “Priority Legal
19 User” status for the duration of this case.
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The Court is well aware of the challenges faced by prison officials and prisoners relating to

21 the allocation of resources, and law library access and other issues related to litigation are taken
22 into consideration when granting extensions of time. The Court cannot, however, grant Plaintiff
23 “Priority Legal User” status. The Court lacks jurisdiction to do so and additionally, federal courts
24 must refrain from interfering with the day-to-day management of prisons, a category in which
25 determinations regarding law library access squarely fall. Bell v. Wolfish, 441 U.S. 520, 546-47,
26 99 S.Ct. 1861, 1878 (1979); Griffin v. Gomez, 741 F.3d 10, 20-1 (9th Cir. 2014); see also Zenith
27 Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 110, 89 S.Ct. 1562 (1969) (“a court has no
28 power to adjudicate a personal claim or obligation unless it has jurisdiction over the person of the

1 defendant”); Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985) (a
2 the federal court “may not attempt to determine the rights of persons not before the court.”).
Accordingly, Plaintiff’s motion for “Priority Legal User” status is HEREBY DENIED.

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IT IS SO ORDERED.

6 Dated:

October 6, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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