Mitchell v. Duffy

Filing 39

ORDER by Judge ARMSTRONG denying 35 Motion to Appoint Counsel ; denying 26 Motion for Order to Show Cause (lrc, COURT STAFF) (Filed on 6/12/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PAUL MITCHELL,

United States District Court
For the Northern District of California

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No. C 11-02705 SBA (PR)

Petitioner,

ORDER GRANTING PETITIONER A
FOURTH EXTENSION OF TIME TO
FILE HIS OPPOSITION TO MOTION TO
DISMISS; DENYING HIS OTHER
PENDING MOTION AS MOOT; AND
DENYING HIS SECOND MOTION FOR
APPOINTMENT OF COUNSEL

v.
ANTHONY HEDGEPETH, Warden,
Respondent.

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(Docket nos. 26, 35, 38)

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Before the Court is Petitioner's motion entitled, "Order to Show Cause for a Preliminary

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Injunction" (docket no. 26), which will be construed as a motion for an order allowing him access to

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the Salinas Valley State Prison (SVSP) law library. He also requests a fourth extension of time in

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which to file his opposition to Respondent's Motion to Dismiss.

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Petitioner's opposition to Respondent's Motion to Dismiss is presently overdue. The Court

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has granted Petitioner three prior extensions of time to file his opposition because he initially

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informed the Court that lockdowns at SVSP prevented his access to the law library.

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On December 27, 2012, Petitioner filed a motion for an order directing the California

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Department of Corrections and Rehabilitation to allow him physical access to the SVSP law library

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(docket no. 26).

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In an Order dated February 15, 2012, the Court directed Respondent to respond to
Petitioner's motion for an order allowing him access to the SVSP law library.

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On February 27, 2012, Respondent filed his response. In that response, Respondent

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informed the Court that Petitioner had been transferred from SVSP to the R. J. Donovan

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Correctional Facility (RJDCF) on February 8, 2012. Respondent claims that, "[s]ince [Petitioner] is

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no longer housed at SVSP, his motion for an order allowing him access to the SVSP law library is

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now moot." (Feb. 27, 2012 Resp. at 1.) Respondent adds that "[P]etitioner has access to yard on

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Mondays, Tuesdays, and Fridays" and that he "should be able to go to the law library on those days."

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(Id. at 1-2.)

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United States District Court
For the Northern District of California

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In Petitioner's declaration attached to his aforementioned motion for appointment of counsel,
he acknowledges that he has since been transferred to RJDCF; however, he claims that his legal
property has not yet arrived from SVSP. (Pet'r Decl. at 4.)

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Accordingly, the Court DENIES as moot Petitioner's motion for an order allowing him

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access to the SVSP law library (docket no. 26); and GRANTS him a fourth extension of time in

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which to file his opposition to Respondent's Motion to Dismiss. The time in which Plaintiff may file

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his opposition will be extended up to and including twenty-eight (28) days from the date of this

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Order.

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Respondent shall file a reply brief no later than fourteen (14) days after the date Petitioner's
opposition is filed.

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Also before the Court is Petitioner's second motion for appointment of counsel to represent

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him in this action (docket nos. 35, 38). The Court previously denied Petitioner's first request for

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appointment of counsel. For the same reasons, Petitioner's second request for appointment of

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counsel is DENIED.
Finally, Daniel Paramo, the current acting warden of the prison where Petitioner is

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incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of

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Civil Procedure.

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This Order terminates Docket nos. 26, 35 and 38.

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IT IS SO ORDERED.

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Dated:
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6/6/12
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF
CALIFORNIA

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PAUL MITCHELL,
Case Number: CV11-02705 SBA

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Plaintiff,
CERTIFICATE OF SERVICE

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United States District Court
For the Northern District of California

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v.
ANTHONY HEDGEPETH et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 12, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Paul Mitchell G-21965
Richard J. Donovan Correctional Facility (RJD)
California Department of Corrections and Rehabilitation
P.O. Box 794004
San Diego, CA 92179

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Dated: June 12, 2012

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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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