Quair v. Gertz

Filing 60

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/13 ORDERING that plaintiff is granted 14 days after service of this order to file objections to the March 8, 2013 findings and recommendations. No further extensions will be granted; and Plaintiffs motion for various relief 59 is otherwise denied.(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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SAMMY R. QUAIR, SR.,

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Plaintiff,

Defendant.

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No. 2:11-cv-2293 JAM CKD P

ORDER

vs.
GERTZ,

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On March 8, 2013, this court issued findings and recommendations that

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defendant’s motion for summary judgment be granted and this case closed. (ECF No. 55.) On

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April 9, 2013, plaintiff was granted a fourteen-day extension of time to file objections to the

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findings and recommendations. (ECF No. 57.) Plaintiff did not file objections within that

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period.

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On April 29, 2013, plaintiff filed a motion seeking various relief, including an

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extension of time to file an opposition to summary judgment. (ECF No. 59 at 2.) The time for

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any such filing has passed. Plaintiff was given ample time to oppose summary judgment, and

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eventually filed documents and evidence which the court, in the absence of any other briefing by

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plaintiff, construed as plaintiff’s opposition. (See ECF Nos. 54, 55.) However, plaintiff will be

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granted a final, fourteen-day extension of time to file objections to the March 8, 2013 findings
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and recommendations.

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Plaintiff also requests that this court order the Clerk of Court to make copies of

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his motion and exhibits to submit to the magistrate judge in another pending action in this

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district. This is not an efficient use of judicial resources. However, plaintiff may ask the

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magistrate judge in the other action to take judicial notice of documents filed in this action.

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Plaintiff further asserts that the Kings County Jail has an inadequate law library

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and that he is unable to get photocopies or printouts of any legal material. He seeks a court order

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directing the jail to provide inmates with photocopying and printing of legal material, access to

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the law library three times a week, law books to read in their cells, non-collect phone calls for

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legal matters, a local telephone book, and office supplies.

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In Bounds v. Smith, 430 US 817, 828 (1977), the court held that “the fundamental

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constitutional right of access to the courts requires . . . providing prisoners with adequate law

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libraries or adequate assistance from persons trained in the law.” A court may order increased

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access to the library only if a prisoner’s current access is so deficient as to deprive him his

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fundamental right of access to the courts. Lindquist v. Idaho State Board of Corrections, 776

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F.2d 851, 858 (9th Cir. 1985). Here, plaintiff has not alleged a deprivation of his fundamental

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right of access to the courts, nor explained why the alleged conditions prevent him from drafting

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objections to the findings and recommendations.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Plaintiff is granted fourteen days after service of this order to file objections to

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the March 8, 2013 findings and recommendations. No further extensions will be granted; and

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2. Plaintiff’s motion for various relief (ECF No. 59) is otherwise denied.
Dated: May 10, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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