SIMMONS v. JOHNSON et al

Filing 47

MEMORANDUM ORDER granting Plaintiff's 45 and 46 Motions seeking an extension of time within which to file his response to Defendants' Summary Judgment. Plaintiff shall file his response to Defendants' motion within 45 days of the date of this Order. (Order sent to Plaintiff via USPS on 4/5/2021) Signed by Judge Michael A. Shipp on 4/5/2021. (jmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ANTOINE LAVELLE SIMMONS,
Plaintiff,
v.
STEVE JOHNSON, et al.,
Defendants.

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Civil Action No. 16-8916 (MAS) (DEA)
MEMORANDUM ORDER

IT APPEARING THAT:
1. On June 3, 2020, Defendants in this matter filed a motion for summary judgment in this
prisoner civil rights matter. (ECF No. 40.)
2. Plaintiff thereafter filed several letters indicating that he was unable to respond to the
motion as the prison in which he is currently detained would not permit him to access his legal
materials in the form of “legal CDs.” (ECF Nos. 41-43.)
3. On January 7, 2021, this Court entered an order which administratively terminated the
summary judgment motion and permitted Plaintiff to file opposition to the motion within fortyfive days. (ECF No. 44.) The order also directed the warden of the facility in which Plaintiff is
detained “to the extent the materials do not present a security concern” to give Plaintiff “access to
the ‘legal CDs’ he requires to respond” to Defendants’ motion. (Id.)
4. Plaintiff did not file a response within the allotted time. Instead, he chose to file two
motions requesting that this Court enter an additional order directing the facility in which he is
housed to provide him access to those same CDs as well as a tablet device which Plaintiff refers
to as a “JPS Player” so that he can review his legal materials and file a proper response to
Defendants’ summary judgment motion. (ECF Nos. 45-46.) Plaintiff contends that the facility

will not permit him access to the CDs or tablet without an order from this Court. (ECF No. 45.)
According to Plaintiff, access to these devices is necessary as a corrections officer at the facility
in which he is detained in Arizona destroyed his legal papers by dousing them in a foul-smelling
liquid while Plaintiff was undergoing a seizure in January 2021, and he therefore no longer has
access to the necessary materials. (ECF No. 45 at 1-2; ECF No. 45-1 at 1.) Plaintiff has provided
the court with copies of the inmate grievances regarding this incident he filed in the Arizona facility
in support of these allegations. (ECF No. 45-1.)
5. Defendants did not file opposition to Plaintiff’s motions. (ECF Docket Sheet.)
6. Based on Plaintiff’s allegations, this Court finds good cause to provide Plaintiff with a
final extension of time within which to file his response to Defendants’ temporarily terminated
motion for summary judgment. This Court likewise finds good cause to once again direct that, to
the extent that they do not amount to a security threat, Plaintiff be permitted to access his legal
CDs and the JPS Player tablet device for the purposes of preparing his response to Defendants’
motion.
IT IS therefore on this ________ day of ___________________, 2021,
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ORDERED that Plaintiff’s motions (ECF Nos. 45, 46) seeking an extension of time within
which to file his response to Defendants’ summary judgment are GRANTED;
ORDERED that Plaintiff shall file his response to Defendants’ motion within forty-five
(45) days of the date of this Order;
ORDERED that, to the extent they do not present a security concern, Plaintiff shall be
given access to the “legal CDs” and “JPS Player” he requires to respond to Defendants’ motion;
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Defendants
electronically and upon Plaintiff by regular U.S. mail; and it is further

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ORDERED that the Clerk shall serve a copy of this Order upon the Warden of Plaintiff’s
place of incarceration, Walter Hensley, at the following address:
Warden Walter Hensley
ASPC – Eyman
PO BOX 3500
Florence, AZ 85132
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MICHAEL A. SHIPP
HAEL A HIPP
I
UNITED STATES DISTRICT JUDGE

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