U.S. v. Davenport, 2:13-CR-00399-MCE-1. (2016)
Court: District Court, E.D. California
Number: infdco20160629d13
Visitors: 7
Filed: Jun. 21, 2016
Latest Update: Jun. 21, 2016
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . On June 9, 2016, this Court issued an order directing that pro se Defendant Jesse Davenport be permitted no less than twelve (12) hours of legal research per week. The Court has since received a report (Exhibit A, attached hereto) from Deputy Joe Caples, the deputy overseeing the law library at the Sacramento County Main Jail where Defendant is housed, indicating that: (1) Defendant is in protective custody and granting him any additio
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . On June 9, 2016, this Court issued an order directing that pro se Defendant Jesse Davenport be permitted no less than twelve (12) hours of legal research per week. The Court has since received a report (Exhibit A, attached hereto) from Deputy Joe Caples, the deputy overseeing the law library at the Sacramento County Main Jail where Defendant is housed, indicating that: (1) Defendant is in protective custody and granting him any addition..
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ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
On June 9, 2016, this Court issued an order directing that pro se Defendant Jesse Davenport be permitted no less than twelve (12) hours of legal research per week. The Court has since received a report (Exhibit A, attached hereto) from Deputy Joe Caples, the deputy overseeing the law library at the Sacramento County Main Jail where Defendant is housed, indicating that: (1) Defendant is in protective custody and granting him any additional time in the law library will necessarily result in restrictions on the access of other inmates; (2) Defendant is not currently using his time efficiently to mount a defense in his own case; and (3) Defendant is disrupting jail staff. Given the security concerns raised, the Jail's finite resources, and the fact that Defendant has purportedly squandered much of the legal research time previously granted, the Court's prior order (ECF NO. 156) is REVOKED. Effective immediately and until the completion of trial, Defendant shall be permitted no less than four (4) hours per week of legal research time. United States v. Robinson, 913 F.2d 712, 717 (9th Cir. 1990) ("A pro se defendant's right of `some access' to resources to aid the preparation of his defense must . . . be balanced against security considerations and the limitations of the penal system.").
IT IS SO ORDERED.
EXHIBIT A
From: [REDACTED]
To: "sdeutsch@caed.uscourts.gov" <sdeutsch@caed.uscourts.gov>
Dated: 06/16/2016 10:45 A.M.
Subject: Inmate Jesse Davenport's new order pertaining to the Law Library
Hi Stephanie,
I am the deputy overseeing the law library at the Sacramento County Main Jail.
I just received a copy of the order Judge England signed requiring us to give Mr. Davenport "no less than 12 hours per week of legal research."
Since the law library is only open 40 hours per week, and Mr. Davenport is in Protective Custody, this order means there will now be less time for other inmates to use the law library.
I wanted to inform you that Mr. Davenport spends much of the 6 hours he has already been granted working on behalf of other inmates and disrupting jail staff as they pass by the law library. I have informed Mr. Davenport that he will be removed from the law library immediately if he continues to be disruptive, and I will inform you if such an event occurs.
Thank you,
REDACTED
____________________________
Deputy
[REDACTED]
Sacramento County Sheriff's Department
Custody Law Librarian — Main Jail Division
Source: Leagle
