Edwards v. Washoe County Sheriffs Off. et al

Filing 25

ORDER Granting Plaintiff's 22 Motion for Additional Time in the Southern Desert Correctional Center law library. Plaintiff is permitted to have a total of 12 hours per week in the law library up until 12/28/2018. Signed by Magistrate Judge Cam Ferenbach on 11/13/2018. (Copies have been distributed pursuant to the NEF - SLD)

UNITED STATES DISTRICT COURT

1

DISTRICT OF NEVADA
2

***

3
4

RICHARD EDWARDS,
5

Plaintiff,

Case No. 2:17-cv-02174-APG-VCF

6

vs.

ORDER

WASHOE COUNTY SHERIFFS OFFICE, et al.,

REQUEST FOR ADDITIONAL LIBRARY TIME [ECF
NO. 22]

7
8
9
10

Defendant.
Now before the Court is Plaintiff Richard Edwards’ request for additional time in the Southern

11

Desert Correctional Center (“SDCC”) law library. (ECF No. 22 at 2). The request was made as part of
12

Edwards’ motion to enlarge time to respond to a motion to dismiss, which has been granted by the Court.
13
14
15

(ECF No. 24). The Court now grants Edwards’ request for additional law library time.
Edwards states that he can only attend the SDCC law library once a week for four-and-a-half hours.

16

(ECF No. 22 at 1). Edwards asks that he be permitted to use the law library three times a week for a total

17

of 12 ½ per week while he is researching his opposition to Defendants’ motion to dismiss. (Id. at 2).

18

“[T]he Constitution does not guarantee a prisoner unlimited access to a law library. Prison officials

19

of necessity must regulate the time, manner, and place in which library facilities are used.” Lindquist v.

20

Idaho State Bd. of Corr., 776 F.2d 851, 858 (9th Cir. 1985). However, Courts can order facilities to

21
22

provide additional library time to inmates when the circumstances warrant it, such as when inmates are
representing themselves in cases.

See United States v. Janis, 820 F. Supp. 512, 515 (S.D. Cal.

23

1992), aff'd, 46 F.3d 1147 (9th Cir. 1995).
24
25

1

1
2

The Court hereby grants Edwards’ request for additional time in the law library. Defendants filed
a motion to dismiss (ECF No. 19), which Edwards is in the process of opposing. Edwards needs more

3

than four-and-a-half hours per week in the law library to timely oppose the motion to dismiss. The Court

4

orders that Edwards be granted 12 ½ hours per week in the law library up until December 28, 2018, the

5

date that Edwards’ opposition to the motion to dismiss is due. (ECF No. 24). SDCC may schedule these

6

hours in a manner that will satisfy “the legitimate security needs or resource constraints” of the facility.

7

United States v. Sarno, 73 F.3d 1470, 1491 (9th Cir. 1995).

8

ACCORDINGLY, and for good cause shown,

9

IT IS ORDERED that Edwards’ request for additional time in the Southern Desert Correctional

10

Center (“SDCC”) law library (ECF No. 22 at 2) is GRANTED. Edwards is permitted to have a total of 12

11

½ hours per week in the law library up until December 28, 2018.
12

DATED this 13th day of November, 2018.
13
14
15

_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25

2