Thornton v. Oliver

Filing 59

ORDER directing California Correctional Training Facility Officials and Warden to Comply with California code of regulations re 31 Motion. Signed by Magistrate Judge Louisa S Porter on 10/31/11. (All non-registered users served via U.S. Mail Service)(copy of Order mailed to Warden Randy Grounds, California Correctional Training Facility)(lao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WILLIAM CECIL THORTON,

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Civil No.
Petitioner,

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ORDER DIRECTING CALIFORNIA
CORRECTIONAL TRAINING
FACILITY OFFICIALS AND WARDEN
TO COMPLY WITH CALIFORNIA
CODE OF REGULATIONS

v.
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11-cv-0338-IEG (POR)

EUKETA OLIVER,
Respondent.

[ECF No. 31]

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On August 16, 2011, Petitioner William Thorton filed a Motion for Injunctive Relief for

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Access to Law Library at California Correctional Institution or Immediate Transfer to a Facility with

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an Accessible Law Library. (ECF No. 31.) The Court construes Petitioner’s motion as a request for

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physical access to the institution law library.

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On July 29, 2011, Petitioner was transferred to Administrative Segregation in the Unit 2

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Yard at California Correctional Training Facility. Petitioner contends “Unit 2 Yard Ad Seg does not

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have access to a physical law library” in violation of California Code of Regulations Title 15,

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section 3123(a). The Court has ordered Petitioner to file a Traverse to Respondent’s Answer on or

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before December 29, 2011. (ECF No. 41.) However, without physical access to the law library,

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Petitioner claims he cannot properly litigate his case.

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“[P]risoners have a right under the First and Fourteenth Amendments to litigate claims

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challenging their sentences or the conditions of their confinement to conclusion without active

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11cv338-IEG (POR)

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interference by prison officials.” Silva v. Di Vittoro, – F.3d –, 2011 WL 4436248 at *9 (9th Cir.

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2011) (emphasis in original). Pursuant to the California Code of Regulations, “[a]ll inmates,

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regardless of their classification or housing status, shall be entitled to physical law library access that

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is sufficient to provide meaningful access to the courts.” 15 Cal. Code Regs. § 3123(b). However,

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where an inmate is unable to physically access the law library, he may request access to legal

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material through the “paging system.” 15 Cal. Code Regs. § 3123(c); see also Andrews v. Knowles,

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2011 WL 3880400 at *5 (S.D. Cal. 2011). Under such circumstances, law library staff must deliver

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the requested legal material to an inmate’s cell as soon as possible. 15 Cal. Code Regs. § 3123(d).

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The Court cannot ascertain the extent to which Petitioner has been denied access to the law

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library while in administrative segregation. Petitioner’s voluminous filings demonstrate an

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understanding of the law and the facts of this case. However, if prison officials deny Petitioner

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access to legal research materials, they risk violating his First and Fourteenth Amendment rights.

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Accordingly, IT IS HEREBY ORDERED that California Correctional Training Facility Warden and

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other officials shall comply with the California Code of Regulations as relates to Petitioner’s access

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to legal research materials.

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DATED: October 31, 2011

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LOUISA S PORTER
United States Magistrate Judge

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cc:

The Honorable Irma E. Gonzalez

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all parties
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Warden Randy Grounds
California Correctional Training Facility
P.O. Box 686
Soledad, CA 93960

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11cv338-IEG (POR)