Capri v. Cox et al
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 11/22/2013, denying 28 Motion; granting 29 Motion to Extend Time. To the extent that plaintiff is seeking additional time to file a dispositive motion and/or reply in support of his 18 motion for TRO, plaintiff shall have to and including Monday, March 3, 2014 to file either or both document(s). (Copies have been distributed pursuant to the NEF - KR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JAMES COX, et al.,
MINUTES OF THE COURT
November 22, 2013
THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE
REPORTER: NONE APPEARING
COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiff has filed a motion for a court order to allow inmate Paul Kline [sic - Klein]
#30918 to have possession of his legal materials and that plaintiff be allowed direct access to
Paul Klein so that he may continue to assist plaintiff in this case (#28). Defendants have
opposed the motion (#32), and plaintiff has filed a supplement (#35) which the court has
construed as a reply.
Administrative Regulation 722.04 states in pertinent part:
When an inmate other than an inmate library assistant is helping
another inmate, all papers must be returned when either inmate is
released; when either inmate is transferred to another institution; or
when administrative action such as placement in disciplinary
segregation prevents direct communication between the two
inmates. The only exception is if the inmates are active
co-defendants or co-plaintiffs on a current case being litigated.
Inmate Paul Klein has apparently been moved to a different unit in the prison which is
not accessible to plaintiff. An administrative action has prevented plaintiff and Mr. Klein from
direct communication. Therefore, plaintiff’s motion (#28) is DENIED. The plaintiff has
demonstrated through this motion, crafted on his own, that he is able to litigate this case. The
plaintiff may also have the assistance of law clerks at the prison, and none of the issues in this
case appears to be particularly complex. The court will not appoint one inmate to represent
Plaintiff’s motion for extension of time due to heart surgery (#28) is GRANTED.
Defendants and the court are unsure of what plaintiff is seeking additional time for because his
motion is not clear. However, to the extent that plaintiff is seeking additional time to file a
dispositive motion and/or reply in support of his motion for temporary restraining order, plaintiff
shall have to and including Monday, March 3, 2014 to file either or both document(s).
No further extensions of time shall be granted.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
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