Asberry v. Cate et al

Filing 124

ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/13 denying 118 Motion for law library access. The discovery cut-off date of 1/03/14 is vacated and re-set to 02/20/14; the dispositive motion cut-off date of 03/28/14 is vacated and re-set for 4/25/14. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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No. 2:11-cv-2462 KJM KJN P

Plaintiff,
v.

ORDER

MATTHEW CATE, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for law library access filed

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September 23, 2013. (ECF No. 118.) For the following reasons, this motion is denied.

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Plaintiff, who is housed at the R.J. Donovan Correctional Facility (“RJDCF”), alleges that

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he is being denied law library access. Plaintiff observes that on September 13, 2013, the court

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issued a scheduling order setting the discovery cut-off for January 3, 2014. Plaintiff observes that

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the September 13, 2013 scheduling order also stated that all requests for discovery were to be

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served not later than sixty days prior to that date.

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Attached to plaintiff’s motion as exhibits are copies of forms filed by plaintiff requesting

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law library access. In September 2013, plaintiff submitted a request for law library access. (ECF

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No. 118 at 6.) On September 17, 2013, Law Librarian E. Simon apparently denied the request by

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responding that “PLU [Preferred Legal User] status is granted only for 30 days immediately prior
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to the court deadline.” (Id.)

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On September 17, 2013, plaintiff submitted a form for PLU status. (Id. at 7.) In this

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form, plaintiff stated that his court deadline was September 13, 2013, through January 3, 2014,

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apparently referring to the dates set for conducting discovery discussed in the September 13, 2014

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scheduling order. (Id.) Plaintiff also wrote in the request that he needed PLU status in order to

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conduct discovery because his deadline was January 3, 2014. (Id.) In response, Law Librarian E.

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Simon responded that plaintiff would be eligible for PLU status on December 3, 2013. (Id. at 7.)

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The scheduling order stated that all discovery requests were to be served no later than

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sixty days prior to January 3, 2014. Therefore, plaintiff had until November 3, 2013, to serve

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defendants with discovery requests. Plaintiff’s request for PLU status did not clearly inform Law

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Librarian E. Simon of the November 3, 2013 deadline. Had plaintiff stated that his deadline was

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November 3, 2013, the court presumes that plaintiff would have been granted PLU status 30 days

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prior to this deadline.

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Because of the confusion regarding the discovery cut-off and plaintiff’s related law library

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access, the discovery cut-off and dispositive motion filing dates will be re-set. The discovery cut-

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off date is re-set to February 20, 2014. All requests for discovery shall be served not later than 60

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days prior to that date, i.e., on or before December 23, 2013. If plaintiff requests PLU status to

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prepare his discovery requests, he shall inform the Law Librarian that his deadline is December

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23, 2013. According to the documents submitted by plaintiff in support of the pending motion,

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plaintiff will be granted PLU status 30 days prior to a court ordered deadline. Therefore,

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plaintiff’s request for PLU status in order to prepare his discovery requests should be made on or

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before November 23, 2013.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for law library access (ECF No. 118) is denied;

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2. The discovery cut-off date of January 3, 2014, is vacated and re-set to February 20,

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2014; the dispositive motion cut-off date of March 28, 2014, is vacated and re-set for

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April 25, 2014.

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Dated: October 21, 2013

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as2462.pi

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