Hollis v. Caplan

Filing 48

ORDER and Instructions to the Clerk. Signed by Judge Thelton E. Henderson on 06/17/09. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 6/17/2009)

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1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Marvin Hollis, a prisoner currently incarcerated at High Desert State Prison ("HDSP") in Susanville, California, has filed a pro se civil rights Complaint under 42 U.S.C. section 1983 alleging that Salinas Valley State Prison Correctional Lieutenant D. Caplan violated his First Amendment rights while he was incarcerated at that facility by falsely accusing him of a rules violation in retaliation for his use of the inmate administrative grievance system. Doc. #1. Plaintiff's Opposition to Defendant's Motion for Doc. #15 at 3. D. CAPLAN, Defendant. / v. MARVIN G. HOLLIS, Plaintiff, ORDER AND INSTRUCTIONS TO THE CLERK No. C 06-2790 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Summary Judgment currently is due on July 8, 2009. On February 18, 2009, this Court dismissed a motion filed by Plaintiff requesting injunctive relief to "prevent[] High Desert 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 State Prison officials from withholding and denying Plaintiff access to his legal property . . . and access to an adequate law library." Doc. #38. Given that plaintiff recently filed a civil action in the Eastern District to address this very issue, see Hollis v. McGuire, No. 09-1065-KJM (E.D. Cal.), Doc. #6 at 1, it appears that this issue remains unresolved. To assist Plaintiff in timely filing his Opposition to Defendant's Motion for Summary Judgment and in the interest of justice, the Clerk is directed to mail Plaintiff a complete copy of the First Amended Complaint any attachments thereto, Doc. #8, as well as the Order of Service. Doc. #15. The Court also once again encourages HDSP officials to allow Plaintiff reasonable access to his legal property and the law library so that the legal proceedings to which Plaintiff is a party may be resolved promptly and expeditiously. IT IS SO ORDERED. DATED 06/17/09 THELTON E. HENDERSON United States District Judge G:\PRO-SE\TEH\CR.06\Hollis-06-2790.instructions to clerk-copies.wpd 2

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