Spencer v. Painter et al

Filing 22

ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/14 ORDERING that Plaintiffs May 8, 2014 motion for a court order to have unrestricted access to his legal property and the law library (ECF No. 21 ) is DENIED; and within 30 days from the date of this order, plaintiff shall file his amended complaint as set forth in the courts April 10, 2014 order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THURMAN LEROY SPENCER,

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No. 2:13-cv-02108 DAD P

Plaintiff,
v.

ORDER

S. PAINTER, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights complaint, has filed a

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motion for a court order to obtain unrestricted access to his ten boxes of legal property and to the

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prison law library. On April 10, 2014, the court dismissed plaintiff’s complaint and granted him

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leave to file an amended complaint. In that order the court also provided plaintiff with the legal

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standards governing the legal claims it appeared he was attempting to present and explained to

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him how to cure the deficiencies noted in his original complaint. In his motion now pending

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before the court plaintiff does not explain what specific contents within his ten boxes of legal

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property are necessary for him to gain access to in order to draft his amended complaint.

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Moreover, it appears that most of the facts to be alleged in support of plaintiff's claims should be

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within his personal knowledge. Therefore, plaintiff has not demonstrated that he currently

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requires access to all of his voluminous legal property and/or in need of unlimited access to the

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prison law library in order to comply with the court’s April 10, 2014 order. In the interest of
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justice, however, the court will grant plaintiff additional time to file his amended complaint in the

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event he wishes to proceed with this civil rights action.

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In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff’s May 8, 2014 motion for a court order to have unrestricted access to his legal
property and the law library (ECF No. 21) is denied; and
2. Within thirty days from the date of this order, plaintiff shall file his amended complaint

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as set forth in the court’s April 10, 2014 order.

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Dated: May 15, 2014

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DAD:4
spen2108.access

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