Pinola v. Virga, et al

Filing 31

ORDER signed by Magistrate Judge Kendall J. Newman on 1/18/12 ordering plaintiff's motion for discovery and for extension of time 24 is denied. Plaintiff's motion for production of documents and for extension of time 26 is denied. (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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RATAJA PINOLA,

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Plaintiff,

No. 2: 11-cv-1165 KJM KJN P

vs.
TIM V. VIRGA, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with an action brought

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pursuant to 42 U.S.C. § 1983, and the Religious Land Use and Institutionalized Persons Act

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(“RLUIPA”). Pending before the court are plaintiff’s November 28, 2011 motion for discovery

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and extension of time, and December 5, 2011 motion for production of documents and extension

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of time. For the following reasons, these motions are denied.

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In both pending motions, plaintiff alleges that he was transferred to the California

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Correctional Institution (“CCI”) on September 8, 2011. Plaintiff alleges that following his

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transfer, prison officials at CCI lost his legal property related to this action. Plaintiff alleges that

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without access to his legal property, he cannot file an opposition to defendants’ motion to dismiss

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filed September 28, 2011. Plaintiff requests court assistance in locating his legal property and an

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extension of time to file his opposition to defendants’ motion to dismiss.
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On December 8, 2011, the undersigned issued an order observing that no

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defendants are located at CCI. Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), the

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undersigned directed the Warden of CCI to inform the court of the status of plaintiff’s access to

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his legal property within fourteen days.

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On December 22, 2011, CCI Warden Stainer filed a response to the December 8,

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2011 order. According to this response, plaintiff’s property was searched on November 15,

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2011, prior to his transfer to the Segregated Housing Unit (“SHU”) at CCI. Soon after the

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search, plaintiff’s legal property was sent to his new housing unit to be issued to plaintiff.

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However, plaintiff’s legal property was lost. In an attempt to locate the legal property, property

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officers searched plaintiff’s cell and several surrounding cells, but did not locate it. The property

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officers interviewed staff in plaintiff’s housing unit regarding the missing legal property, with

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negative results. On December 21, 2011, staff at CCI provided plaintiff with a copy of the

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pleadings for every docket entry in this lawsuit.

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In his response, CCI Warden Stainer further states that on December 14, 2011, the

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SHU Legal officer interviewed plaintiff regarding the lost legal property. Plaintiff informed the

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Legal Officer that the only documents that he still needed were the trial transcripts from his

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criminal conviction, trial transcripts from another matter and his entire Central File. During this

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interview, plaintiff did not allege that he was missing documents regarding the instant action.

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On January 13, 2012, plaintiff filed an opposition to defendants’ motion to
dismiss.

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As indicated above, CCI prison officials provided plaintiff with copies of his

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missing legal property relevant to this action and plaintiff has filed his opposition to the pending

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motion to dismiss. Accordingly, plaintiff’s motions for court assistance in locating the missing

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property and for extensions of time to file his opposition are denied as unnecessary.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for discovery and for extension of time (Dkt. No. 24) is

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denied;

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2. Plaintiff’s motion for production of documents and for extension of time (Dkt.

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No. 26) is denied.

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DATED: January 18, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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pin1165.po

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