Lee v. Whitten, et al

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 6/12/13 ORDERING that the May 21, 2013 findings and recommendations 19 are VACATED; Plaintiff is granted an extension of time to comply with this courts April 9, 2013order; Plaintiff shall fil e four copies of the October 26, 2012 amended complaint on or before July 30, 2013; The Clerk of the Court is directed to serve a copy of this order on the litigation coordinator at Salinas Valley State Prison; and Prison officials at Salinas Valley State Prison are requested to facilitate plaintiffs access to the law library so that plaintiff may comply with this courts orders.(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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GEORGE LEE,

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Plaintiff,

No. 2:12-cv-2104 TLN KJN P

vs.
A. WHITTEN, et al.,
Defendants.

ORDER
/

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. On May 21, 2013, the undersigned recommended that this action be

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dismissed based on plaintiff’s failure to comply with the April 9, 2013 order. Plaintiff was

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required to provide four copies of the amended complaint for service of process on defendants.

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On June 6, 2013, plaintiff filed objections to the findings and recommendations. While

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not entirely clear, it appears plaintiff contends that he is unable to obtain sufficient law library

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access to make the required photocopies because Salinas Valley State Prison is on constant

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lockdown. Plaintiff has previously complained of inadequate access to the law library and to the

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materials needed to litigate his cases in federal court.

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Good cause appearing, the findings and recommendations are vacated, and plaintiff is
granted an extension of time in which to submit the photocopies. Prison officials at Salinas
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Valley State Prison are requested to facilitate plaintiff’s access to the law library so that he may

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obtain the copies necessary to meet this court’s deadline.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The May 21, 2013 findings and recommendations (ECF No. 19) are vacated;

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2. Plaintiff is granted an extension of time to comply with this court’s April 9, 2013

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order;
3. Plaintiff shall file four copies of the October 26, 2012 amended complaint on or before
July 30, 2013;
4. The Clerk of the Court is directed to serve a copy of this order on the litigation
coordinator at Salinas Valley State Prison; and
5. Prison officials at Salinas Valley State Prison are requested to facilitate plaintiff’s

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access to the law library so that plaintiff may comply with this court’s orders.

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DATED: June 12, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/lee2104.36

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