Solomon v. Negrete et al

Filing 52

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/2011 ORDERING that the warden has DISCHARGED the 42 Order pursuant to the All Writs' Act, by timely 46 response from the appropriate prison legal officer. (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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VINCENTE SOLOMON,
Plaintiff,

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No. CIV S-10-2103 WBS GGH P

vs.
J. NEGRETE, et al.,
Defendants.

ORDER
/

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. §

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1983. By order, filed on September 15, 2011, the court invoked the All Writs Act, 28 U.S.C. §

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1651(a), for the limited purpose of determining why prison officials were refusing to provide the

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requisite copies of the amended complaint which this court had ordered, sufficient for plaintiff to

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return fourteen copies, along with the summons and completed USM-285 forms, in order for the

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court to direct service of process in this action. The court had, in order to lessen the burden on

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prison staff, previously reduced the number of pages of the amended complaint that needed to be

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copied from seventy-five (75) to eleven (11). See Order, filed on July 27, 2011 (docket # 38).

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Only after plaintiff continued to complain that he still could not obtain copies of the amended

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complaint and provided some basis for the assertion (see Order, filed on September 15, 2011

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(docket # 42) did this court require a response from the warden at California Correctional
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Institution (CCI) in order that the court would not lose its jurisdiction in this matter. In a timely

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response, dated September 27, 2011, P. Grant submitted a declaration stating that he or she is the

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CDCR employee who is the Legal Officer assigned to the law library facility at CCI where

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plaintiff is incarcerated. Docket # 46, Declaration of P. Grant, ¶ 2. P. Grant offers an

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explanation of the process for obtaining requests for legal materials and copies by inmates, like

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plaintiff, who are confined to SHU housing in Facility 4B at CCI. Grant Dec., ¶¶ 3-4. According

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to P. Grant, plaintiff originally submitted a request for copies of 275 pages of documents and did

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not include any court order specifying the pages of the first amended complaint to be copied or

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the date by which the copies needed to be made. Id., at ¶¶ 6-7. Once P. Grant learned of the

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September 15th and July 27th orders, he/she made copies of the first amended complaint and

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provided plaintiff with the fourteen copies of the eleven-page complaint, along with three manila

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envelopes for mailing; an exhibit showing plaintiff’s acknowledgment of receipt of the items is

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attached. Id., at ¶¶ 8-9 & Exhibit B. P. Grant declares that had plaintiff provided the July 27th

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order and the eleven-page complaint, the necessary copies would have been made and avers that

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there was no obstruction. Id., at ¶¶ 10-11. P. Grant goes on to state that plaintiff makes inflated

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requests in excess of the supplies or copies the prison permits but that the office makes an effort

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to provide plaintiff with the maximum copies or supplies allowed during a week with only the

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excess denied; it is also stated that plaintiff loses track of his own numerous requests to the legal

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library via institutional mail. Id., at ¶¶ 12-14; see also Exhibit A.
Exhibit B to the Grant declaration indicates that plaintiff was supplied the

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fourteen copies of his amended complaint along with three envelopes on September 21, 2011.

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As of October 11, 2011, plaintiff has supplied the court with the requisite documents for service.

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The court will find that the show cause order directed to the warden has been discharged.

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Service of the amended complaint will be directed by separate order.

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Accordingly, IT IS ORDERED that the warden has discharged the order issued

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pursuant to the All Writs’ Act, filed on September 15, 2011 (docket # 42), by a timely response

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from the appropriate prison legal officer on September 27, 2011 (docket # 46).

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DATED: October 17, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009
solo2103.ord7

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