Coleman v. California Department of Correction and Rehabilitation et al

Filing 102

ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/2016 ORDERING within 14 days, defendants shall provide the court with the status of plaintiff's access to his legal materials and his ability to attend the law library; defendants' 98 motion to modify the dispositive motion deadline is PARTIALLY GRANTED; and the 7/15/2016 dispositive motion deadline is VACATED pending further order of the court.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT COLEMAN,

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No. 2:13-cv-1021 JAM KJN P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983.

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Following resolution of defendants’ motion for summary judgment on administrative exhaustion

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grounds, this case is proceeding solely on plaintiff’s equal protection claims under the Fourteenth

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Amendment against defendants Virga and DeRoco. (ECF No. 67.) On July 22, 2016, plaintiff

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filed a request for appointment of counsel, in which he explained the deterioration of his mental

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health, his attempted suicide, his subsequent placement into a mental health crisis bed on July 1,

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2016, followed by his transfer to CSP-Lancaster and placement in the Enhanced Outpatient

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Program (“EOP”) on July 13, 2016. Plaintiff states that he believes that his personal and legal

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property has been “intentionally lost or destroyed by SAC’s officials in retaliation,” and that “[n]o

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information whatsoever about the whereabouts of [his] property is being made available to

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[him].” (ECF No. 101 at 4.) Plaintiff also states that he currently cannot attend the law library.
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The court is aware that inmates are not permitted their legal materials while housed in a

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mental health crisis bed. However, now that plaintiff has been assigned to the EOP level of care

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and is housed at CSP-Lancaster, it appears that plaintiff should be provided his property,

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including his legal materials. Defendants will be ordered to provide the court with the status of

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plaintiff’s access to his legal materials, as well as his ability to attend the law library at CSP-

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Lancaster while he is assigned to the EOP level of care.

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Because plaintiff does not have possession of his legal materials at this time, and his

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motion to compel discovery is pending, defendants’ motion to modify the dispositive motion

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deadline is partially granted. The dispositive motion deadline is vacated pending further order of

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the court.

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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 provide the court

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with the status of plaintiff’s access to his legal materials and his ability to attend the law library;

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2. Defendants’ motion to modify the dispositive motion deadline (ECF No. 98) is

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partially granted; and

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3. The July 15, 2016 dispositive motion deadline is vacated pending further order of the

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court.

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Dated: August 2, 2016

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