Johnson v. Chau et al

Filing 72

ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/2020 PARTIALLY GRANTING 71 Motion by the provision of the Lexis citations sought by Plaintiff and DENYING without prejudice 71 Motion in all other respects. (Henshaw, R)

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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 WILLIAM JOHNSON, 12 No. 2: 16-cv-1536 JAM KJN P Plaintiff, 13 v. 14 J. CHAU, et al., 15 ORDER Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. On January 21, 2019, plaintiff filed a motion for temporary restraining order 19 against law library staff at Mule Creek State Prison, requiring them to comply with California 20 Administrative Law to provide plaintiff with the legal materials needed to file objections to the 21 pending findings and recommendations. Specifically, plaintiff complains that his jailhouse 22 assistant has been unable to obtain the Lexis citation for Renfro v. Clark-Barlow, 2019 WL 23 4670250 (E.D. Cal. 2019), and other cases cited in the findings and recommendations with only 24 Westlaw citations, preventing him from filing objections. Apparently Mule Creek State Prison 25 only uses Lexis. In order to assist plaintiff in timely filing his objections, the court will provide the Lexis 26 27 citations for the cases cited in the findings and recommendations that use only a Westlaw citation. 28 //// 1 1 In addition, the court provides a copy of the Renfro decision with this order in order to assist 2 plaintiff in timely meeting his February 17, 2020 deadline. 3 4 Renfro v. Clark-Barlow, 2019 U.S. Dist. LEXIS 164651, 2019 WL 4670250 (E.D. Cal. 2019). 5 6 Parlin v. Sodhi, 2012 U.S. Dist. LEXIS 159187, 2012 WL 5411710 at *5 (C.D. Cal. Aug.8, 2012). 7 8 9 10 11 12 Tran v. Haar, 2012 U.S. Dist. LEXIS 2197, 2012 WL 37506 at *3-4 (C.D. Cal. Jan. 9, 2012). Ruiz v. Akintola, 2010 U.S. Dist. LEXIS 25525, 2010 WL 1006435 at *7 (E.D. Cal. Mar. 17, 2010). Cottingham v. Nangalama, 2012 U.S. Dist. LEXIS 76646, 2012 WL 1981452 at *3 (E.D. Cal. June 1, 2012). 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. Plaintiff’s motion (ECF No. 71) is partially granted by the provision of the Lexis 15 citations sought by plaintiff; 16 2. In all other respects, plaintiff’s motion is denied without prejudice; and 17 3. The Clerk of the Court shall serve a copy of Renfro v. Clark-Barlow, 2019 U.S. Dist. 18 LEXIS 164651, 2019 WL 4670250 (E.D. Cal. 2019), on plaintiff with this order. 19 Dated: January 27, 2020 20 21 22 /john1536.lex 23 24 25 26 27 28 2

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