Tenore v. Goodgame et al

Filing 42

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/6/13 denying 40 Motion for Court-Ordered Access Via Correspondence. (Dillon, 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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MICHAEL TENORE,

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Plaintiff,

No. 2:11-cv-1082 WBS CKD P

vs.
NATHANAEL GOODGAME, et al.,
Defendants.

ORDER
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This pro se action brought pursuant to 42 U.S.C. § 1983 is in the discovery stage.

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In the motion before the court, plaintiff seeks an order granting him frequent contact with his

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“inmate paralegal assistant and witness” Thomas Hightower (No. J98566), including the ability

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to mail legal materials to each other at their respective institutions. Plaintiff is currently

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incarcerated at Valley State Prison; Mr. Hightower is at Mule Creek State Prison. Plaintiff does

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not explain what knowledge Hightower has of facts relevant to the instant claims. (Dkt. No. 40.)

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Defendants have opposed the motion. (Dkt .No. 41.) They assert that plaintiff

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can request approval to correspond with Hightower pursuant to California Code of Regulations

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tit. 15 § 3139, which sets forth a procedure by which inmates may apply to correspond with other

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inmates. “There shall be no limits set on the number of times approved inmates . . . can

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correspond with each other” unless approval is revoked due to disciplinary, safety or security
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reasons. 15 Cal. Code Regs. § 3139(d).

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As plaintiff does not allege that he requested to correspond with Hightower

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through available means, or that such a request was unreasonably denied, the court will deny

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plaintiff’s motion.

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Accordingly, IT IS HEREBY ORDERED THAT plaintiff’s January 14, 2013
Motion for Court-Ordered Access Via Correspondence (Dkt. No. 40) is denied.
Dated: February 6, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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