Santos v. Allen et al

Filing 304

ORDER that 300 Motion to Transfer with Legal Boxes is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 11/10/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RONALD R. SANTOS,

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Plaintiff,
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vs.
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ISIDRO BACA, et al.,
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Defendants.
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__________________________________________)

Case No. 2:11-cv-01251-KJD-NJK
ORDER
(Docket No. 300)

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Pending before the Court is Plaintiff’s motion to transfer with legal boxes. Docket No. 300.

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Defendants filed a response. Docket No. 302. Plaintiff filed a reply. Docket No. 303. Plaintiff

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requests that, in the event that he is transferred to a new facility, he be permitted to take six legal

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boxes with him rather than three. See Docket No. 300. Defendants respond that: (1) this type of

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request is within the discretion of the prison’s Deputy Director, not the Court; and (2) the request

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is premature because there is currently no transfer planned for Plaintiff. See Docket No. 302.

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Plaintiff replies that under the applicable regulations, Defendants could confiscate some of his legal

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boxes if he compiles enough material to exceed the three box limit. See Docket No. 303.

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The Court agrees that it does not have the authority to grant Plaintiff’s request. Further, even

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if the Court did have such authority, the motion is not ripe, as no imminent transfer of Plaintiff

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exists, nor has anyone attempted to confiscate any of Plaintiff’s legal materials.

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Accordingly, the Court hereby DENIES Plaintiff’s motion to transfer (Docket No. 300).

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IT IS SO ORDERED.

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Dated: November 10, 2016

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___________________________________
NANCY J. KOPPE
United States Magistrate Judge