Garcia-Esparza v. City of Aztec et al
MEMORANDUM OPINION AND ORDER by Magistrate Judge Stephan M. Vidmar DENYING 6 Plaintiff's Motion to use Law Library (am)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. 18-cv-0078 MV/SMV
CITY OF AZTEC, SAN JUAN COUNTY,
JOE GONZALES, TY ATENCIO,
WILLIAM ANDERSON, FNU HARVEL,
FNU WEBB, FNU DOUGEANT,
DESIREE LNU, and TERESA LNU,
MEMORANDUM OPINION AND ORDER
DENYING PLAINTIFF’S MOTION TO USE “POTENTIAL” LAW LIBRARY
THIS MATTER is before the Court on Plaintiff’s Motion to use Law Library [Doc. 6],
docketed on February 6, 2018. Plaintiff appears to be a pre-trail detainee, held at the San Juan
County Detention Center. [Doc. 1]. The entirety of his motion reads: “As there is a potential
local law library[,] can the Court order San Juan County Detention Center and/or San Juan County
to allow me to use it in this case while I continue pro se?” [Doc. 6] at 1.
There is no freestanding right to visit a law library. Lewis v. Casey, 518 U.S. 343, 351
(1996). There is no requirement that pretrial detainees have access to a law library if other
available means of access to the courts exist. Love v. Summit Cty., 776 F.2d 908, 913–14 (10th
Cir. 1985). To state a claim for denial of access to the courts, an inmate must show that he was
“frustrated or impeded in his efforts to pursue a nonfrivolous legal claim concerning his conviction
or his conditions of confinement.” Gee v. Pacheco, 627 F.3d 1178, 1191 (10th Cir. 2010).
Here, Plaintiff asks the Court to order that he be permitted to access a “potential local law
library.” [Doc. 6] at 1. He does not allege that he has requested and been denied access to a law
library. More importantly, he does not allege an actual injury resulting from denial of access to a
law library. See [Doc. 6]. Plaintiff has failed to show that he is entitled to the relief requested.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to use Law Library [Doc. 4]
is DENIED at this time.
IT IS SO ORDERED.
STEPHAN M. VIDMAR
United States Magistrate Judge
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