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Asberry v. Relevante, 1:16-cv-01741-LJO-JDP. (2020)

Court: District Court, E.D. California Number: infdco20200117c27 Visitors: 23
Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR COURT ASSISTANCE ECF No. 174 JEREMY D. PETERSON , Magistrate Judge . Plaintiff moves the court for access to the law library to prepare for trial. ECF No. 174. Plaintiff's trial date is currently set for July 7, 2020. 1 ECF No. 119. As plaintiff is aware, see ECF No. 113, the court has no jurisdiction over nonparties in this case and cannot order prison personnel to provide him library access. However, to the extent that plaintiff is asking t
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ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR COURT ASSISTANCE ECF No. 174

Plaintiff moves the court for access to the law library to prepare for trial. ECF No. 174. Plaintiff's trial date is currently set for July 7, 2020.1 ECF No. 119. As plaintiff is aware, see ECF No. 113, the court has no jurisdiction over nonparties in this case and cannot order prison personnel to provide him library access. However, to the extent that plaintiff is asking the court to request (rather than order) the voluntary assistance of the litigation coordinator at his institution, plaintiff's request is granted.

Accordingly, the court requests the assistance of the litigation coordinator at plaintiff's institution to ensure that plaintiff is afforded adequate opportunities to access the library, to the extent that doing so is consistent with institutional order and security. See Whitley v. Albers, 475 U.S. 312, 321-22 (1986). The clerk's office is directed to serve a copy of this order on the litigation coordinator at Kern Valley State Prison.

IT IS SO ORDERED.

FootNotes


1. The district judge who is assigned to hear the case is retiring and so the trial may be rescheduled.
Source:  Leagle

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