BLACKWELL v. TRUEBLOOD et al

Filing 173

ORDER - Plaintiff's motion for Court Order, dkt. 170 , is denied. The Court will grant the plaintiff 's motion, dkt. 171 , to the extent that the Court provides the plaintiff a final brief extension of time through September 24, 2020, to respond to the pending motion for summary judgment. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 9/14/2020. (KAA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
KEITH L. BLACKWELL,

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Plaintiff,
v.
E. TRUEBLOOD, et al.
Defendants.

UNITED STATES OF AMERICA,
Interested Party.

No. 2:17-cv-00407-JPH-DLP

ORDER
The plaintiff moves the Court for an Order requiring the plaintiff's custodian to allow the
plaintiff to receive legal assistance from a fellow inmate. Inmates do not have a constitutional right
to give or receive legal assistance from other inmates. See Shaw v. Murphy, 532 U.S. 223, 231
(2001) (inmates do not have a First Amendment right to communicate legal advice to other inmates
“above and beyond the protection normally accorded prisoners’ speech”). Therefore, the plaintiff’s
motion for Court Order, dkt. [170], is denied.
The plaintiff has also moved for an emergency stay of this case because he is awaiting
COVID-19 test results and has been locked down in quarantine since August 28, 2020. The
plaintiff was previously warned that the Court did not anticipate granting further extensions of
time in this matter. See dkt. 167. The Court recognizes that the COVID-19 pandemic has made it
more difficult for prisoners to proceed with litigation. However, the pending motion for summary
judgment in this matter was pending for several months before the pandemic began and this case
is now more than three years old. However, under these circumstances the Court will grant the
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plaintiff 's motion, dkt. [171], to the extent that the Court provides the plaintiff a final brief
extension of time through September 24, 2020, to respond to the pending motion for summary
judgment. If the plaintiff lacks access to the law library, he may simply write out his response with
an affidavit including his personal knowledge in support of his claims under penalties of perjury.
The plaintiff should not anticipate any further extensions from the Court.
SO ORDERED.
Date: 9/14/2020

Distribution:
KEITH L. BLACKWELL
41030-044
560 N. Kingsley Drive, Apt. 217
Los Angeles, CA 90004
Rachana Nagin Fischer
UNITED STATES ATTORNEY'S OFFICE (Indianapolis)
[e-mail]

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