Coit v. Zavaras et al

Filing 98

MINUTE ORDER denying 68 Pro Se Incarcerated Plaintiff's Motion captioned "Defendant Are in Violation of Court Order Docket No. 45 and to Order Florida Department of Corrections to Provide Plaintiff an Extra Large Locker to Store this Cases Legal Documents in Her Cell", as set forth in the order. By Magistrate Judge Michael J. Watanabe on 10/23/2012.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12–cv–00609–WYD–MJW
JILL COIT,
Plaintiff,
v.
ARISTEDES ZAVARAS, Director of the Colorado Department of Corrections,
JAMES WELTON, Director C.I.D.,
LARRY REID, L.V.C.F.,
ROBERT CANTWELL, Director of Prison,
LLOYD WAIDE, L.V.C.F.,
MICHAEL DUSSART, L.V.C.F.,
C.I.D. DENNIS HOUGNON, Pueblo,
C.I.D. COLIN CARSON, D.W.C.F.,
JOHN MARTIN,
JANE/JOHN DOE-DOE, #1&2 (Who Took Legal Supreme Court Mail), D.W.C.F.,
JOAN SHOEMAKER,
Dr. P. FRANTZ,
JANE/JOHN DOE-DOE, #3 (Who Took 2 Cubic Feet Legal Box), D.W.C.F.,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the Pro Se Incarcerated Plaintiff’s Motion captioned
“Defendant Are in Violation of Court Order Docket No. 45 and to Order Florida
Department of Corrections to Provide Plaintiff an Extra Large Locker to Store this
Case’s Legal Documents in Her Cell” (docket no. 68) is DENIED for the following
reasons.
This court does not have jurisdiction over the Florida Department of Corrections.
The Florida Department of Corrections is not a party to this lawsuit. Moreover, if the Pro
Se Incarcerated Plaintiff needs a large locker to store her legal documents then she can
proceed consistent with Rule 33-602.201, Inmate Property, Florida Department of
Corrections, p.2, (6)(c)(1). Rule 33-602.201 was attached to Defendants’ response
(docket no. 79) as exhibit A-1 and the Plaintiff should follow such Rule for the relief she
is seeking in this motion. These Rules from the Florida Department of Corrections
provide for the storage of legal materials that exceed the space available to inmates for
all of other property, and explain a process for obtaining written approval from the

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Warden for such space, as well as a requirement that inmates sort legal materials for
inactive litigation separately from the legal materials for active litigation. See
Defendants’ response (docket no. 79) - attached exhibit A-1, pp.2-4, inclusive (6). For
these reasons, the subject motion (docket no. 68) should be denied.
Date: October 23, 2012