O'Keefe v. Cate

Filing 130

ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/2014 ORDERING that plaintiff's 125 motion for access to his legal property is DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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Plaintiff,

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No. 2: 11-cv-2659 KJM KJN P

v.

ORDER

JERRY BROWN, et al.,

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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 March 6, 2013 motion requesting that

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the court order prison officials at California State Prison-Corcoran (“Corcoran”) to allow plaintiff

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to keep his legal materials pertaining to his active cases in his cell.

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Plaintiff alleges that when he was issued his legal property on November 23, 2013, he did

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not have enough time to go through his legal property to pick out what he needed concerning his

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active cases. As a result, five boxes of his legal property were sent to Receiving and Release to

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be stored. Plaintiff alleges that his administrative grievances regarding his legal property were

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improperly screened out. Plaintiff requests that he be allowed to keep the stored five boxes of

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legal property in his cell. Plaintiff alleges that he has copies of administrative appeals, doctor’s

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reports and other documents in storage regarding the instant action.

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Plaintiff’s motion is denied for the following reasons. First, plaintiff may not use the

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instant action to obtain access to legal property regarding other actions. Second, at this time

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defendants are being served with process. Based on the status of this case, plaintiff does not

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require access to administrative appeals, doctor’s reports and other unidentified documents at this

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time. Plaintiff may renew his motion for access to his legal materials at the time he actually

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requires access.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for access to his legal

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property (ECF No. 125) is denied.

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Dated: April 2, 2014

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Ok2959.or

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