Griffin v. Zurbano et al

Filing 69

ORDER Denying as Moot Plaintiff's 65 Motion for Legal Property. Signed by Magistrate Judge William V. Gallo on 5/24/2018. (All non-registered users served via U.S. Mail Service)(mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHARLES E. GRIFFIN, II,

Case No.: 16-CV-2715-JLS(WVG)
Plaintiff,

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ORDER DENYING AS MOOT
PLAINTIFF’S MOTION FOR LEGAL
PROPERTY

v.
RACQUEL E. ZURBANO et al.,

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Defendants.

[Doc. No. 65.]

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Plaintiff’s motion to compel the CDCR to grant him access to his legal property is

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DENIED as moot. Based on the Attorney General’s investigation and response (see Doc.

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No. 67), it appears any lack of access to legal property has been caused by multiple transfers

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within the facility that houses Plaintiff and that some of these transfers have been at

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Plaintiff’s own request. Additionally, it appears Plaintiff is permitted to keep a reasonable

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amount of legal property inside his cell, but the remaining property is held in storage and

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is available to Plaintiff. Additionally, it appears Plaintiff was granted access to stored legal

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property boxes, but he became upset when an officer searched the boxes for contraband

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without reading the contents of the box. These are reasonable accommodations in light of

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the facility’s security concerns. Accordingly, the Court finds Plaintiff has not been
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16-CV-2715-JLS(WVG)

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wrongfully denied access to his legal property as he claims and that any motion based on

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this incorrect premise is moot.

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IT IS SO ORDERED.

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Dated: May 24, 2018

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16-CV-2715-JLS(WVG)