Almy v. Davis et al

Filing 26

ORDER that defendant shall have up to, and including, October 18, 2012, to file a response. Further, plaintiff shall have up to, and including, October 25, 2012, to file a reply to 24 Motion for Preliminary Injunction. Signed by Judge James C. Mahan on 10/10/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KEVIN ALMY,
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Plaintiff,
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vs.
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D. DAVIS, et al.,
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Defendants.
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2:12-cv-00129-JCM-VCF
ORDER

Presently before the court is plaintiff, appearing pro se, Kevin Almy’s emergency motion for a
preliminary injunction. (Doc. # 24). Defendants have not responded.

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Plaintiff provides an affidavit stating that he was attacked by a fellow inmate that resulted in

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prison staff placing plaintiff in segregated protective custody. (Doc. # 24, ¶¶ 21-24). This placement has

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resulted in decreased access to the law library. (Doc. # 24, 4-5). Also, a box of plaintiff’s legal materials

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was not delivered to his new placement location. (Doc. # 24, 3-4). The motion seeks delivery of his legal

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files, access to the library that is equal to that of other inmates, and expedited disciplinary proceedings

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against his attacker that would permit plaintiff to leave segregated protective custody sooner.

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Plaintiff’s motion does not seek a temporary retraining order. However, the court recognizes the

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importance of plaintiff’s personal property rights, and, more generally, the importance of prisoners’

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rights. Thus, under these facts, the court finds that an expedited briefing schedule is warranted.

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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that defendants shall have up

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to, and including, October 18, 2012, to file a response. Further, plaintiff shall have up to, and including,

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October 25, 2012, to file a reply.

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DATED October 10, 2012.

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___________________________________________
UNITED STATES DISTRICT JUDGE

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