Haraszewski v. Brannan et al

Filing 75

ORDER denying 74 Motion for Adequate Law Library Access. Signed by Magistrate Judge Peter C. Lewis on 7/20/12. (All non-registered users served via U.S. Mail Service)(kaj)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 11 12 H. Dymitr Haraszewski, Case No. 10cv546 LAB (PCL) 13 14 v. Plaintiff, ORDER DENYING MOTION FOR ADEQUATE LAW LIBRARY ACCESS 15 Lisa Brannan et al., (Doc. 74) 16 Defendants. 17 18 19 20 Plaintiff filed a motion seeking unlimited priority user status access to his law library at Mule Creek State Prison. (Doc. 74.) An prisoner has a constitutionally protected right of access to the courts. Bounds v. 21 Smith, 430 U.S. 817, 820-21 (1977). Law library access serves as one of the means of ensuring 22 access to the courts. Lewis v. Casey, 518 U.S. 343, 351 (1996). “[T]he Constitution does not 23 guarantee a prisoner unlimited access to a law library. Prison officials of necessity must 24 regulate the time, manner, and place in which library facilities are used.” Linquist v. Idaho State 25 Bd. of Corrections, 776 F.2d 851, 858 (9th Cir. 1985). An inmate claiming that his right of 26 access to the courts will be violated due to inadequate law library access must show that access 27 was so limited as to be unreasonable and the inadequate access will cause actual injury. 28 Vandelft v. Moses, 31 F.3d 794, 797 (9th Cir. 1994). Here, Plaintiff has provided no basis for this court to interfere with the prison’s 1 administration of its law library. Plaintiff has failed to demonstrate that the limited amount of 2 time that he has access to the library is unreasonable or that he will suffer actual injury from not 3 being able to prosecute his case adequately. Thus, his motion is DENIED. 4 IT IS SO ORDERED. 5 DATED: July 20, 2012 6 7 8 Peter C. Lewis U.S. Magistrate Judge United States District Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10cv546 LAB (PCL) 2

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