Craver v. Moore

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/20/2017 DENYING 19 Motion for Court Order and GRANTING 20 Motion for Extension of Time. Plaintiff to return service documents outlined in this order by and including 8/11/2017. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE RAMON CRAVER,

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No. 2:17-cv-0303 CKD P

Plaintiff,
v.

ORDER

A. MOORE,
Defendant.

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By order filed June 28, 2017, the undersigned denied plaintiff’s request for an order

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directing prison staff to make copies of court documents when necessary. (ECF No. 18 at 3.)

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Instead, plaintiff was directed to show the appropriate correctional staff a copy of the order to

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prove he needed copies in order to complete the service packet for defendant Moore. (Id.) He

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was further advised that he could file another motion if he continued to be denied copies. (Id.)

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Plaintiff has now filed another motion for an order directing correctional staff to provide copies

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(ECF No. 19) and a motion for an extension of time to submit service documents based on the

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refusal to provide copies (ECF No. 20).

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In the motion for a court order, plaintiff alleges that due to the division of responsibilities

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between the Department of State Hospitals and the California Department of Corrections and

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Rehabilitation as they relate to inmate legal copy requests, Senior MTA Cole is denying him

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copies and told that he must send any copy requests through the mail to the law library at a

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different facility within the prison. (ECF No. 19 at 2-3.) Plaintiff is concerned that if he attempts

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to mail his request for copies to another facility’s law library, he will never see his documents

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again. (Id. at 3.) He requests that the court send an order to the Salinas Valley State Prison’s

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litigation coordinator requiring he be provided copies. (Id.)

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Given the delay and risk of loss the procedure plaintiff describes would necessarily entail,

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it is questionable whether plaintiff is being advised of the proper procedure for obtaining copies

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where he is currently housed. Furthermore, there is no indication that plaintiff has attempted to

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contact the litigation coordinator himself for assistance in resolving the issue. (Id.) Since it

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appears that plaintiff has not gone through the proper channels at the prison to try and resolve this

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issue, the motion for a court order will be denied. Plaintiff is advised that he should contact the

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prison’s litigation coordinator himself to try and resolve this issue before seeking further

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intervention from the court. In an effort to expedite resolution of this matter, the Clerk of Court

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will be directed to send a copy of this order and plaintiff’s motion to the litigation coordinator.

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However, this does not mean that plaintiff is relieved of his responsibility for contacting the

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litigation coordinator himself.

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Plaintiff also seeks an extension of his time to submit the service packet for defendant

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Moore because he is unable to obtain the necessary copies of the complaint. (ECF No. 20.) The

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deadline for plaintiff to submit the service packet is currently July 28, 2017. (ECF No. 18.) The

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undersigned will grant the request and the deadline will be extended by two weeks. In order to

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prevent further delay of service, and given the relatively short length of the complaint, the court

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will provide the necessary copies of the complaint. Plaintiff need only return the completed

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Notice of Submission of Documents, summons, and USM-285 form for defendant Moore.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for a court order directing staff to make copies (ECF No. 19) is

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denied.

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2. The Clerk of the Court is directed to fax a copy of this order and plaintiff’s motion for

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court order (ECF No. 19) to the Salinas Valley State Prison’s litigation coordinator at (831) 678-

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5544.
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3. Plaintiff’s motion for an extension of time (ECF No. 20) is granted.

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4. Plaintiff shall have an additional fourteen days, up to and including August 11, 2017,

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to return the service documents outlined in this order.

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Dated: July 20, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:crav0303.36.copies

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