RILEY v. DECARLO et al

Filing 61

ORDER denying 56 Motion that the Court Order Defendant Folino to Provide Plaintiff With Six Hours of Law Library Time Three Times a Day, Seven Days Per Week, as more fully stated in the Order. Signed by Judge Cathy Bissoon on 1/19/2012. A copy of this Order was mailed to Plaintiff at his address of record. (dad)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NATHAN RILEY,
Plaintiff,
v.
MICHAEL DECARLO, et al.,
Defendants.

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Civil Action No. 11-537
Judge Cathy Bissoon

ORDER
Plaintiff Nathan Riley (“Plaintiff”) is a state prisoner currently housed at the State
Correctional Institution at Greene (“SCI-Greene”) in Waynesburg, Pennsylvania. Plaintiff brings
this suit pursuant to the Civil Rights Act of 1871, 42 U.S.C. § 1983, alleging that Defendants
violated his rights under the First, Eighth, and Fourteenth Amendments to the Constitution of the
United States. Compl. (Doc. 5 at 3). Plaintiff also raises claims under the Religious Land Use
and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc et seq., as well as
various state law claims. Id. This suit commenced on April 26, 2011, with the receipt of the
complaint. (Doc. 1).
Before this Court is Plaintiff’s motion for miscellaneous relief (Doc. 56), through which
he asks this Court to compel Defendant Folino to provide him with “six hours of law library time
three times a day, seven days per week.” Id. ¶ 9. The basis for this motion is that Plaintiff
currently is involved in litigating three civil actions in federal court, and one post-conviction
collateral proceeding in state court. Id. ¶ 4. Plaintiff concedes that he is granted access to SCIGreene’s law library for two to six hours per week. Id. ¶ 5.
There is a well-established policy of non-interference by the courts in the day-to-day
operation of prisons. See Tilley v. Allegheny Cnty. Jail, No. 09–299, 2010 WL 1664900, at *5
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(W.D. Pa. Feb.18, 2010) (internal citations omitted) (Hay, C. Mag. J.). Given that Plaintiff states
that he has access to the law library, and there is no indication that, given his circumstances, he
cannot obtain extensions of time with respect to any pending issues in his various cases, there is
no reason to interfere with the running of SCI-Greene’s library at this time.
AND NOW, this 19th day of January, 2012,
IT IS HEREBY ORDERED that Plaintiff’s motion for miscellaneous relief (Doc. 56) is
DENIED.

BY THE COURT:
s/Cathy Bissoon
CATHY BISSOON
UNITED STATES DISTRICT JUDGE
cc:
NATHAN RILEY
CT 8571
SCI Greene
175 Progress Drive
Waynesburg, PA 15370

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