Gibson v. Campbell et al

Filing 372

MINUTE ORDER; Plaintiff's 367 Request to Obtain Copies of Case Law is DENIED, by Magistrate Judge Kristen L. Mix on 3/24/2013.(klmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-00983-WYD-KLM
WELLMAN E. GIBSON,
Plaintiff,
v.
ANNA MARIE CAMPBELL,
C. HOLST, AIC,
SHIRLEY STEINBECK,
MARSHALL GRIFFITH,
LT. STEINBECK, and
DOCTOR ASSEN,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Request To Obtain Copies of Case
Law [Docket No. 367; Filed February 26, 2013] (the “Motion”). No response has been filed.
Plaintiff contends in the Motion that he needs additional time in the prison law library to
make copies of cases that he will need for trial. He states that during the week before he
filed the Motion, he was allowed to spend four hours in the law library.
A prisoner does not have a constitutional right to spend time in a law library. See
Lewis v. Casey, 518 U.S. 343, 351 (1996) (holding that Supreme Court case law “did not
create an abstract, freestanding right to a law library or legal assistance...”). Rather, use
of a law library is a means to satisfy the constitutional requirement of meaningful access
to the courts. Id.
Here, Plaintiff is not claiming denial of access to the courts. He acknowledges that
he is allowed to spend time in the prison law library. He simply wants more time. However,
absent some showing that his right of access to the courts is being denied, the Court will
not interfere with prison officials’ determination of the amount of time Plaintiff is permitted
to spend in the law library. Accordingly,
IT IS HEREBY ORDERED that the Motion [#367] is DENIED.
Dated: March 24, 2013