Hollis v. Gorby et al

Filing 92

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/18/2012 DENYING plaintiff's 87 "motion and request for court order to make copies of discovery documents that exceeds 100 pages, and legal materials". (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARVIN GLENN HOLLIS,

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Plaintiff,

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vs.

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No. CIV S-09-1627 JAM CKD P

A. GORBY, et al.,

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Defendants.

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ORDER

Plaintiff has filed a motion in which he requests that the court order officials at his
prison to do several things:

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1. Provide plaintiff with copies of certain documents plaintiff must give to

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defendants pursuant to their requests for production of documents. Plaintiff asserts he has more

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than 100 pages of documents to give to defendants and there is a policy at California State

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Prison, Sacramento not to provide more than 100 pages of copies to inmates absent a court order.

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2. Provide plaintiff with eight large legal envelopes so that he can mail his
discovery responses.

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3. Provide plaintiff with ten sheets of legal paper per day over the course of one

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week.

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4. Provide plaintiff with three legal envelopes per day over the course of one
week.

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Plaintiff has not shown a need for the order he seeks. He has not shown that he

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has attempted to make copies of the documents he must provide defendants and denied the ability

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to do so. While the policy to which plaintiff points is troublesome and could result in a denial of

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plaintiff’s Constitutional right to access courts, the court assumes law library staff have

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discretion to provide inmates with 100 pages or more of documents if they deem the request to be

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in good faith.1 As for legal supplies, plaintiff has not shown that the supplies he does receive are

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insufficient for plaintiff to litigate this case.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 10, 2012 “motion

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and request for court order to make copies of discovery documents that exceeds 100 pages, and

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legal materials” is denied.

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Dated: April 18, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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holl1627.dis

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Indeed, defendants have filed a response to plaintiff’s motion suggesting that plaintiff
need produce only one set of documents if he also identifies the documents he has produced in
his response to each defendant’s request.
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