Coleman v. California Department of Correction and Rehabilitation et al

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 06/08/15 ordering that within 14 days from the date of this order, defendants shall respond to plaintiff's 05/29/15 motion 60 as set forth above. Plaintiff's reply, if any, shall be filed 7 days thereafter. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT COLEMAN,

12
13
14
15
16

No. 2:13-cv-1021 KJN P

Plaintiff,
v.

ORDER

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

17
18

Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to

19

42 U.S.C. § 1983, and is proceeding in forma pauperis. On May 29, 2015, plaintiff filed a

20

document styled, “Emergency Order for Counsel, Inter Alia.” (ECF No. 60.) Because plaintiff

21

was placed in the crisis unit on May 25, 2015, plaintiff states that he has been informed that if he

22

receives legal mail he will not be able to physically obtain it, allegedly for safety reasons.

23

Plaintiff also contends that because of his crisis bed placement, he cannot access his legal

24

materials or use the law library. Thus, despite that plaintiff has completed his reply to

25

defendants’ opposition to the Rule 56(d) motion, which plaintiff claims is already secured in self-

26

addressed envelopes, addressed to the court and defendants, and housed in plaintiff’s personal

27

property, plaintiff is unable to mail them because he cannot access his property. Plaintiff claims

28

he was required to have his neighbor mail the May 29, 2015 request to the court.
1

1

The court is unable to address plaintiff’s Rule 56(d) motion until plaintiff is able to file his

2

reply to defendants’ opposition. Accordingly, defendants are directed to respond to plaintiff’s

3

May 29, 2015 motion, specifically addressing plaintiff’s access to incoming and outgoing mail,

4

his legal materials, and the law library during his housing in the crisis unit. Defendants shall

5

ensure plaintiff receives their response, even if it requires having the litigation coordinator hand-

6

deliver it to plaintiff. Within seven days thereafter, plaintiff may file a reply to defendants’

7

response.

8
9

Accordingly, IT IS HEREBY ORDERED that within fourteen days from the date of this
order, defendants shall respond to plaintiff’s May 29, 2015 motion (ECF No. 60) as set forth

10

above. Plaintiff’s reply, if any, shall be filed seven days thereafter.

11

Dated: June 8, 2015

12
13
14
15

/cole1021.fb2

16
17
18
19
20
21
22
23
24
25
26
27
28
2