Bullard v. St. Andra et al

Filing 48

ORDER ADOPTING FINDINGS AND RECOMMENDATION to Deny Plaintiff's Request for an Order Directing Access to the Law Library 42 , signed by Chief Judge Lawrence J. O'Neill on 9/4/2018: Plaintiff's motion for an order directing Kern Valley State Prison to provide plaintiff with access to the law library (ECF No. 36 ) be DENIED for lack of jurisdiction. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EFREN DANIELLE BULLARD,
Plaintiff,

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v.
R. ST. ANDRA, et al.,
Defendant.

Case No. 1: 17-cv-0328 LJO JDP
ORDER ADOPTING FINDINGS AND
RECOMMENDATION TO DENY
PLAINTIFF’S REQUEST FOR AN ORDER
DIRECTING ACCESS TO THE LAW
LIBRARY
(ECF. No. 42.)

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Plaintiff Efren Danielle Bullard 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. The matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 20, 2018, Plaintiff filed a motion requesting a court order to allow Plaintiff monthly

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access to the law library. (ECF No. 36.) On August 17, 2018, the assigned Magistrate Judge

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construed Plaintiff’s motion as seeking injunctive relief directing action by a non-party and

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recommended that it be denied because the Court lacks personal jurisdiction over officials at Kern

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Valley State Prison. (ECF No. 42.) The findings and recommendations was served on the parties

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and contained notice that any objections to the findings and recommendations were to be filed

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within fourteen (14) days. Over fourteen days have passed, and no objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds the

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findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for an order directing Kern

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Valley State Prison to provide plaintiff with access to the law library (ECF No. 36) be DENIED for

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lack of jurisdiction.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 4, 2018

UNITED STATES CHIEF DISTRICT JUDGE
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