Hardy v. Davis et al

Filing 22

ORDER signed by Magistrate Judge Dale A. Drozd on 02/03/14 denying 21 Motion for a court order regarding access to legal materials. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KRISTIN HARDY,

12

No. 2:13-cv-00726 DAD P

Plaintiff,

13

v.

14

C. DAVIS, et al.,

15

ORDER

Defendants.

16
Plaintiff is a state prisoner proceeding pro se with this civil rights action. Before the court

17
18

is plaintiff’s ex parte motion for an order requiring prison officials to provide him with access to

19

his legal materials. Plaintiff contends that he has two boxes of legal materials “containing work

20

products, notes, exhibits and affadavits [sic] pertaining to this action” and that “without these

21

materials, prosecution of this action would be severely limited.”
On January 29, 2014, the court directed the U.S. Marshall to serve the defendants. None

22
23

of the defendants have yet to appear in this action. Although the court understands a prisoner

24

plaintiff’s need to have access to his legal materials in order to oppose dispositive motions, there

25

are no pending motions or deadlines at this time in this civil action. In addition, plaintiff has not

26

demonstrated that he has exhausted the inmate grievance process with respect to his complained

27

/////

28

/////
1

1

of lack of access to his legal materials nor has he provided sufficient information describing the

2

documents he needs access to at this time.1

3

Accordingly, IT IS HEREBY ORDERED that plaintiff’s January 29, 2014 motion for a

4

court order regarding access to legal materials (ECF No. 21) is denied.

5

Dated: February 3, 2014

6
7
8

DAD:4
hard726.prop

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

Instead, plaintiff simply refers to the entire contents of two boxes.
2