Armstead v. Virga et al

Filing 56

ORDER signed by Judge John A. Mendez on 9/11/12 ORDERING that upon reconsideration, the Order of the Magistrate Judge filed 7/19/12 is AFFIRMED; Plaintiff's Amended Complaint and objections to the 7/3/12 Findings and Recommendations are due within thirty days of the date of this order. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ARMSTEAD, 11 12 13 14 Plaintiff, vs. TIM V. VIRGA, et al., Defendants. 15 16 No. 2:11-cv-1054 JAM KJN P ORDER / On August 3, 2012, plaintiff filed a motion for reconsideration of the magistrate 17 judge’s order filed July 19, 2012 denying plaintiff’s motions for protective orders requesting 18 additional law library access. In these motions, plaintiff complained that the books in the law 19 library had been replaced with computers that were difficult to use. Plaintiff also complained 20 that the law library no longer loaned out books. Plaintiff also complained that the law library 21 hours had been cut. Plaintiff also complained about the number of copies he was permitted to 22 make. Plaintiff also alleged that he had been denied law library access in retaliation for pursuing 23 the instant action. 24 In the pending motion for reconsideration, plaintiff challenges the magistrate 25 judge’s order rejecting plaintiff’s retaliation claim as vague and unsupported. In the motion for 26 reconsideration, other than conclusory allegations, plaintiff pleads no specific facts suggesting 1 that prison officials denied him law library access in retaliation for pursuing this action. 2 Accordingly, the order by the magistrate judge rejecting plaintiff’s retaliation claim is upheld. 3 See E.D. Local Rule 303(f) (a magistrate judge’s orders shall be upheld unless “clearly erroneous 4 or contrary to law.”) 5 In the motion for reconsideration, plaintiff also alleges that the law librarian 6 improperly refused his request for law library access on July 25, 2012. Plaintiff also alleges that 7 the law librarian improperly had plaintiff removed from the front gate when he was waiting for 8 law library access on unspecified occasions. Plaintiff’s motions for protective orders did not 9 contain these allegations regarding denial of law library access. The undersigned will not 10 consider these new allegations because they were not presented to the magistrate judge. 11 Plaintiff may file a renewed motion requesting law library access. The renewed 12 motion must include the dates on which plaintiff was allegedly denied law library access and 13 identify the prison officials involved. 14 Therefore, IT IS HEREBY ORDERED that: 15 1. Upon reconsideration, the order of the magistrate judge filed July 19, 2012 is 16 17 affirmed; 2. Plaintiff’s amended complaint and objections to the July 3, 2012 findings and 18 recommendations are due within thirty days of the date of this order. 19 DATED: September 11, 2012 20 21 22 23 24 25 26 /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE

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