Bowell v. California Department of Corrections et al

Filing 41

ORDER signed by Magistrate Judge Dale A. Drozd on 5/25/2011 DENYING pltf's 39 motion. (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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JAMES E. BOWELL,
Plaintiff,

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No. 2:10-cv-0397 JAM DAD (PC)

vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.
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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On May 6, 2011, plaintiff filed a document styled as a motion for an order to

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compel the litigation coordinator at Kern Valley State Prison (Kern Valley) to allow plaintiff

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“Deposition Access.” By this motion, plaintiff seeks a court order requiring prison officials to

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permit him to interview potential inmate witnesses at Kern Valley. Specifically, plaintiff wants

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permission to visit seven of eight buildings on Facility D of Kern Valley to interview inmates

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who were housed at High Desert State Prison at times relevant to plaintiff’s claims in this action.

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Defendants oppose the motion on the ground that plaintiff is seeking an order directed at

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individuals who are not a party to this lawsuit.

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Prison regulations provide a process for inmates to request permission to
correspond with other inmates and plaintiff has not demonstrated that he has either requested or
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been denied such permission. Accordingly, good cause appearing, IT IS HEREBY ORDERED

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that plaintiff’s May 6, 2011 motion is denied.

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DATED: May 25, 2011.

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DAD:12
bowe0397.corr

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