Gomez v. Hedgepeth et al

Filing 102

ORDER Regarding Plaintiff's Motion for Access to Law Library. Signed by Judge Thelton E. Henderson on 08/21/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/22/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID MAURICE GOMEZ,

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No. C-11-3784 TEH (PR)

Plaintiff,
ORDER REGARDING PLAINTIFF’S
MOTION FOR ACCESS TO LAW
LIBRARY

v.
A. HEDGEPETH, et al.,

Doc. #88
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Defendants.

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Plaintiff David Maurice Gomez, a state prisoner
incarcerated at Salinas Valley State Prison (SVSP), filed this
civil rights action under 42 U.S.C. § 1983 regarding incidents that
took place at SVSP. On June 20, 2013, the Court referred this case
to Magistrate Judge Nandor Vadas for settlement proceedings and
stayed the case pending the outcome of those proceedings.
On July 5, 2013, Plaintiff filed a motion requesting
“immediate access to law library in preparation for settlement
proceedings.”

In this motion, Plaintiff indicated that he had

showed “the Court’s orders,” docket numbers 49 and 74, to the law
librarian who denied Plaintiff access to the law library because
she determined that the documents were falsified.
Docket numbers 49 and 74 are not orders of the Court;
they are motions filed by Defendants and by Plaintiff.

It is

possible that the law librarian thought they were false because
Plaintiff represented that they were Orders of the Court and they

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are motions, not orders.

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The Court clarifies that Plaintiff’s case, number C 08-

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3784 TEH (PR), has been referred to Magistrate Judge Vadas for

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settlement proceedings and Plaintiff’s representations about this

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are not false.

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provide Plaintiff access to the law library in accordance with the

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applicable regulations and procedures.

In light of this, it would be appropriate to

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CONCLUSION

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Plaintiff’s motion is granted, in part.

The Court

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clarifies that this case has been referred to Magistrate Judge

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Vadas for settlement proceedings.

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send this Order to the law librarian and litigation coordinator at

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SVSP as well as to Plaintiff.

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88.

The Clerk of the Court shall

This Order terminates docket number

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IT IS SO ORDERED.
DATED

08/21/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.11\Gomez11-3784 Law Lib.wpd

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