Walker v. Mohadjer et al

Filing 85

ORDER signed by Magistrate Judge Allison Claire on 04/06/15 ordering that plaintiff's motions 81 , 84 are granted in part as follows: Counsel for defendants is directed to take all steps necessary to assist plaintiff in timely obtaining acces s to the legal property he needs in order to conduct discovery and comply with the court's deadlines in the current action. Defendants shall, within 7 days, file a statement advising the court of the status of plaintiff's access to the law library and receipt of his legal property. If plaintiff does not currently have access to his legal property, defendants shall notify the court forthwith when that access has been restored. In all other respects, the motions are denied. Plaintiff may renew his motion regarding access to a typewriter if he establishes that 1) he cannot purchase a typewriter for personal use, and 2) he has been denied access to a prison typewriter. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY E. WALKER, 12 Plaintiff, 13 14 No. 2:13-cv-01193-WBS-AC v. ORDER MOHADJER, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this action filed pursuant to 42 U.S.C. § 17 18 1983. Plaintiff has filed two requests for court orders regarding access to his legal property, 19 access to the law library, and access to a typewriter. ECF No. 81, 84. 20 Plaintiff informs the court that he recently returned to R.J. Donovan Correctional Facility 21 from the California Health Care Facility (CMCF). Plaintiff alleges that while he was a patient at 22 CMCF, prison officials discarded his legal materials and his typewriter in an act of retaliation. 23 ECF No. 81. Plaintiff claims that since his return to R.J. Donovan, prison officials have refused 24 to assist him with locating his legal materials and accessing the law library. ECF No. 84. As a 25 result, plaintiff seeks a court order directing prison officials to locate his legal materials and grant 26 him access to the law library. Plaintiff also requests access to a typewriter and states that writing 27 //// 28 //// 1 1 by hand causes him “excruciating pain.”1 Plaintiff fails to explain why a court order is necessary 2 for him to access a typewriter. 3 4 IT IS HEREBY ORDERED that plaintiff’s motions at ECF Nos. 81 and 84 are GRANTED IN PART as follows: 5 1. Counsel for defendants is directed to take all steps necessary to assist plaintiff in 6 timely obtaining access to the legal property he needs in order to conduct discovery 7 and comply with the court’s deadlines in the current action. 8 2. Defendants shall, within seven days, file a statement advising the court of the status of 9 plaintiff’s access to the law library and receipt of his legal property. If plaintiff does 10 not currently have access to his legal property, defendants shall notify the court 11 forthwith when that access has been restored. 12 3. In all other respects, the motions are denied. Plaintiff may renew his motion regarding 13 access to a typewriter if he establishes that 1) he cannot purchase a typewriter for 14 personal use, and 2) he has been denied access to a prison typewriter. 15 DATED: April 6, 2015 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff indicates that his medical file contains records which show that “limited use of hand for writing was ordered.” ECF No. 84 at 2. 2

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