McIntosh v. Kelly et al

Filing 238

NOTICE, ENTRY, AND ORDER PURSUANT TO THE ALL WRITS ACT. The Clerk of Court is DIRECTED to send a copy of this Notice, Entry, and Order and copies of Plaintiff's motions for extension of time (Docs. 234, 236) to Deanna Brookhart, Lawrence Correct ional Center Warden, and to Christopher Higgerson, legal counsel for the Illinois Department of Corrections. The Clerk of Court is further DIRECTED to issue a Writ to obtain Plaintiff's presence at the hearing via video. Signed by Judge Staci M. Yandle on 10/26/2021. (ksp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DALLAS MCINTOSH, #B85114

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Plaintiff,
vs.
BRENDAN F. KELLY, et al.
Defendants.

Case No. 3:16-cv-01018-SMY

NOTICE, ENTRY, AND ORDER
PURSUANT TO THE ALL WRITS ACT
TO:

DEANNA BROOKHART, LAWRENCE CORRECTIONAL CENTER WARDEN
Dallas McIntosh, Plaintiff in the above action, is confined within your institution. Plaintiff

(1) is proceeding pro se in this action, (2) has need to meet deadlines in connection with the case
and to prepare for its disposition, and (3) has alleged in two separate motions that he has been
denied access to legal materials and the law library due to a pending transfer and coronavirusrelated restrictions.
Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), this Court has authority “to issue such
commands . . . as may be necessary or appropriate to effectuate and prevent the frustration of
orders it has previously issued in its exercise of jurisdiction otherwise obtained.” United States v.
New York Tel. Co., 434 U.S. 159, 172 (1977). In appropriate circumstances, the Court may
exercise its authority under the Act with respect to people or entities not parties to the underlying
litigation “who are in a position to frustrate ... the proper administration of justice.” Id. at 174.
The Court is careful not to interfere in day-to-day prison operations. That said, Plaintiff’s
allegations of denial of access to the materials and/or resources necessary for him to proceed in
this action warrant your inquiry and response. As such, the Court finds that resort to the All Writs

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Act is appropriate to ensure its jurisdiction to resolve this matter is not thwarted. See King v.
Villegas, No. 117-CV-00676, 2019 WL 4929794, at *2 (E.D. Cal. Oct. 7, 2019) (“Thus, use of the
All Writs Act is appropriate in prisoner civil rights cases where non-party correctional officials are
impeding the prisoner-plaintiff’s ability to litigate his pending action.”).
IT IS THEREFORE ORDERED:
1.

A hearing by video conference before the undersigned is set for November 8, 2021

at 2:15 p.m. via Zoom video conference.
2.

Warden Brookhart is ORDERED to arrange for at least one witness familiar with

Plaintiff’s allegations pertaining to a pending transfer and access to the law library and his legal
materials to testify at the hearing. The witness should be prepared, to the extent possible, to testify
and present evidence regarding whether Plaintiff has a pending transfer to another facility and
whether Plaintiff has meaningful access to the legal materials, supplies, and/or resources
reasonably necessary to proceed in this action in accord with the schedule and deadlines the Court
has established.
3.

The Clerk of Court is DIRECTED to send a copy of this Notice, Entry, and Order

and copies of Plaintiff’s motions for extension of time (Docs. 234, 236) to Warden Brookhart and
to Christopher Higgerson, legal counsel for the Illinois Department of Corrections.
4.

The Clerk of Court is further DIRECTED to issue a Writ to obtain Plaintiff’s

presence at the hearing via video.
IT IS SO ORDERED.
DATED: October 26, 2021
s/ Staci M. Yandle_________
STACI M. YANDLE
United States District Judge

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