Asberry v. Biter

Filing 182

ORDER GRANTING IN PART Plaintiff's 174 Motion for Court Assistance, signed by Magistrate Judge Jeremy D. Peterson on 1/16/2020. (Copy of this order forwarded to Litigation Coordinator at KVSP) (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TONY ASBERRY,

12

Plaintiff,

13

Case No. 1:16-cv-01741-LJO-JDP
ORDER GRANTING IN PART PLAINTIFF’S
MOTION FOR COURT ASSISTANCE

v.
ECF No. 174

14

C. RELEVANTE, et al.,

15

Defendants.

16
Plaintiff moves the court for access to the law library to prepare for trial. ECF No. 174.

17
18

Plaintiff’s trial date is currently set for July 7, 2020.1 ECF No. 119. As plaintiff is aware, see

19

ECF No. 113, the court has no jurisdiction over nonparties in this case and cannot order prison

20

personnel to provide him library access. However, to the extent that plaintiff is asking the court

21

to request (rather than order) the voluntary assistance of the litigation coordinator at his

22

institution, plaintiff’s request is granted.

23

Accordingly, the court requests the assistance of the litigation coordinator at plaintiff’s

24

institution to ensure that plaintiff is afforded adequate opportunities to access the library, to the

25

extent that doing so is consistent with institutional order and security. See Whitley v. Albers, 475

26
27
28

1

The district judge who is assigned to hear the case is retiring and so the trial may be
rescheduled.
1

1

U.S. 312, 321-22 (1986). The clerk’s office is directed to serve a copy of this order on the

2

litigation coordinator at Kern Valley State Prison.

3
4

IT IS SO ORDERED.

5
Dated:
6

January 16, 2020
UNITED STATES MAGISTRATE JUDGE

7
8
9

No. 204.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2