Tunstall v. Bodenhamer, et al.
Filing
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ORDER signed by District Judge John A. Mendez on 7/14/2017 ADOPTING in FULL 12 Findings and Recommendations; Motions for injunctive relief 6 , 7 , 9 , 10 , 11 are DENIED. (Washington, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT WILLIAM TUNSTALL, Jr.,
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Plaintiff,
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No. 2:16-cv-2665 JAM DB P
v.
ORDER
D. BODENHAMER, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 18, 2017, the magistrate judge filed findings and recommendations herein which
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were served on plaintiff and which contained notice to plaintiff that any objections to the findings
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and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the
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findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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The court notes that in his objections, plaintiff again complains of his lack of access to the
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law library. Plaintiff requests library access for two hours a day, five days a week. While the
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court will not intervene to provide plaintiff this level of access, the court recognizes that plaintiff
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may require some library access to respond to the magistrate judge’s order giving plaintiff thirty
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days to file an amended complaint. If plaintiff is being denied sufficient library access, he may
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file a short, plain motion describing what library access, if any, he is currently receiving and
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explaining briefly why that access is not sufficient to meet the current deadline in this case.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 18, 2017, are adopted in full; and
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2. Plaintiff’s motions for injunctive relief (ECF Nos. 6, 7, 9, 10, and 11) are denied.
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Dated: July 14, 2017
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/s/ JOHN A. MENDEZ
John A. Mendez
United States District Court Judge
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DLB:9
tuns2665.804
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