Armentero v. Doe

Filing 90

ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/12 ordering that plaintiff is granted 21 days to file his opposition to defendants' summary judgment motion; no further extensions of time will be granted to plaintiff to file his opposition. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS ARMENTERO,
Plaintiff,

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No. 10-cv-0965 KJM KJN P

vs.
K.L. DICKINSON, et al.,
Defendants.

ORDER
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Plaintiff is state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On September 21, 2012, the court granted plaintiff twenty-one

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days to file his opposition to defendants’ summary judgment motion. On October 15, 2012,

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plaintiff filed a letter with the court stating that he was unable to obtain law library access in

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order to make copies of his opposition for service on defendants. On October 29, 2012, plaintiff

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filed a letter with the court stating that he had not been able to access the law library since

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October 8, 2012.

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On October 31, 2012, pursuant to the All Writs Act, the undersigned ordered the

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Warden of Avenal State Prison to inform the court of the status of plaintiff’s law library access.

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On November 9, 2012, Avenal State Prison Warden Hartley filed a declaration in

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response to the October 31, 2012 order. Warden Hartley states that plaintiff last had law library
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access on October 8, 2012. On that date, plaintiff made copies of only a 602 grievance. Plaintiff

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did not make or request copies of any documents for the court. Warden Hartley states that

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plaintiff has not submitted a valid request for law library access since October 8, 2012.

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Accordingly, it appears that plaintiff’s requests for law library access since October 8, 2012 were

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not properly made. In his declaration and attached exhibits, Warden Hartley includes

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information regarding how to submit a valid request for law library access.

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Warden Hartley’s declaration demonstrates that prison officials have not

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interfered with plaintiff’s law library access. Plaintiff is granted twenty-one days to file his

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opposition to defendants’ summary judgment motion. No further extensions of time will be

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granted.

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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted twenty-one

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days to file his opposition to defendants’ summary judgment motion; no further extensions of

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time will be granted to plaintiff to file his opposition.

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DATED: November 13, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arm965.ord(3)

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