Anderson v. Kelso, et al.

Filing 74

ORDER signed by Magistrate Judge Kendall J. Newman on 08/02/12 denying 71 Motion for Extension of time. Plaintiff's motion for a court order granting him permission to obtain declarations 72 is denied. Plaintiff's 07/27/12 letter, docketed as a motion 73 is disregarded. (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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SAMUEL ANDERSON,

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Plaintiff,

No. 2: 12-cv-0261 MCE KJN P

vs.

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MATTHEW TATE, et al.,

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Defendants.

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

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pursuant to 42 U.S.C. § 1983. On July 23, 2012, plaintiff filed a motion for a court order

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granting him permission to obtain declarations by other prisoners. Other than a declaration

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describing plaintiff’s attempts to serve this motion, the July 23, 2012 motion is identical to a

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motion filed by plaintiff on July 11, 2012. On July 20, 2012, the undersigned denied plaintiff’s

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July 11, 2012 motion for a court order granting him permission to obtain declarations by other

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prisoners. Accordingly, plaintiff’s July 23, 2012 motion for a court order granting him

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permission to obtain declarations by other prisoners is denied as duplicative.

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On July 23, 2012, plaintiff filed a motion for an extension of time. On July 11,

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2012, plaintiff filed an identical motion which the undersigned granted on July 20, 2012.

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Accordingly, plaintiff’s July 23, 2012 is denied as duplicative.
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On July 27, 2012 plaintiff filed a letter with the court, docketed as a “motion,”

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alleging inadequate law library access. Plaintiff alleges that on July 19, 2012 he submitted a

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“request for interview to the D yard law library.” Plaintiff alleges that he received the form back

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with no reply. Plaintiff requests that the court order prison officials to grant him law library

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access.

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All requests for court orders must be made by motion. Fed. R. Civ. P. 7(b).

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Plaintiff’s July 27, 2012 request for law library access is disregarded as it is not made by motion.

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In addition, plaintiff has cited only one occasion where his request for law library access was

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allegedly not properly processed. Plaintiff also does not identify any prison officials who were

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involved in the alleged mishandling of his request. For these reasons, plaintiff’s request for law

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library access is not adequately supported.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s July 23, 2012 motion for an extension of time (Dkt. No. 71) is

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denied;

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2. Plaintiff’s motion for a court order granting him permission to obtain
declarations (Dkt. No. 72) is denied;

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3. Plaintiff’s July 27, 2012 letter, docketed as a motion (Dkt. No. 73), is

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disregarded.

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DATED: August 2, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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an261.dup

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