Arline v. Gowen et al

Filing 47

ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/13 ORDERING that Within fourteen days from the date of this order, defendants shall respond to plaintiffs motion for injunctive relief, as set forth above; plaintiffs reply is due seven d ays thereafter; Plaintiff is granted sixty days from the date of this order in which to file an opposition to the motion for summary judgment; and the Clerk of the Court shall send plaintiff the forms for filing a civil rights action and application to proceed in forma pauperis by a prisoner. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH DUANE ARLINE, JR.,

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No. 2:11-cv-3414 WBS KJN P

Plaintiff,
v.

ORDER

R. GOWER, et al.,

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Defendants.

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Plaintiff is a state prisoner, presently housed at High Desert State Prison, Susanville

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(“HDSP”), proceeding without counsel. Plaintiff filed a motion for preliminary injunction

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seeking access to his legal materials. Plaintiff states, under penalty of perjury, that he was denied

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legal material after his request for documents sent into the law library received no reply, and

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plaintiff has filed a prison grievance regarding the denial of access to his legal materials. (ECF

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No. 46 at 7.)

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On November 1, 2013, defendants filed a motion for summary judgment. Pursuant to

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Local Rule 230(l), plaintiff’s opposition was due November 22, 2013. As plaintiff noted in his

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pending motion, he cannot file an opposition without benefit of his legal materials. Moreover,

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this court cannot rule on defendants’ motion until plaintiff is able to oppose the motion. Although

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plaintiff is housed in administrative segregation, he is entitled to access his legal materials,

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particularly to oppose the pending motion for summary judgment. If necessary, plaintiff can be
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placed in a room with his legal materials. Therefore, defendants are ordered to respond to

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plaintiff’s motion for injunctive relief, and shall include in their response a statement as to

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plaintiff’s access to his legal materials, and his access to the law library, or, in the alternative, his

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ability to obtain requested documents through the paging system. Plaintiff is granted an extension

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of time to file an opposition to the motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days from the date of this order, defendants shall respond to plaintiff’s

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motion for injunctive relief, as set forth above; plaintiff’s reply is due seven days thereafter;
2. Plaintiff is granted sixty days from the date of this order in which to file an opposition
to the motion for summary judgment; and
3. The Clerk of the Court shall send plaintiff the forms for filing a civil rights action and

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application to proceed in forma pauperis by a prisoner.

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Dated: December 3, 2013

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/arli3414.fb.pi

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