Downs v. California Board of Prison Terms et al
Filing
29
ORDER DENYING 28 Motion to Obtain Legal Property signed by Magistrate Judge Sandra M. Snyder on 5/26/2010. (Bradley, A)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendants. 14 15 Plaintiff Gregory Downs ("plaintiff") is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 17 On May 17, 2010, Plaintiff filed a "Motion to obtain court order to obtain legal property." 18 (Doc. 28.) 19 Plaintiff requests a court order directing the California Department of Corrections and 20 Rehabilitation to provide him with his ten (10) boxes of legal materials that were too voluminous 21 to be transported to Centinela State Prison in the van with Plaintiff. Plaintiff states that he was 22 transferred from Kern Valley State prison to Centinela State Prison on May 6, 2010. Plaintiff drafted 23 and signed his motion a mere five days later -- May 11, 2010. The court recognizes that prison 24 administrators "should be accorded wide-ranging deference in the adoption and execution of policies 25 and practices that in their judgment are needed to preserve internal order and discipline and to 26 maintain institutional security." Whitley v. Albers, 475 U.S. 312, 321-322 (1986) (quoting Bell v. 27 Wolfish, 441 U.S. 520, 547 (1970). Thus, the Court shall defer to the prison's policies and practices 28 1 / v. (Doc. 28) CALIFORNIA BOARD OF PRISON TERMS, et al., GREGORY DOWNS, Plaintiff, CASE NO. 1:09-cv-00714-SMS PC ORDER DENYING MOTION TO OBTAIN LEGAL PROPERTY
UNITED STATES DISTRICT COURT
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in transferring and furnishing Plaintiff with his ten (10) boxes of legal materials. Accordingly, IT IS HEREBY ORDERED that Plaintiff's request for an order directing the CDCR to forthwith furnish him with his boxes of legal materials is DENIED without prejudice to allow him to bring this motion in the future after at least ninety (90) days have passed and upon a showing of good cause.
IT IS SO ORDERED. Dated: icido3 May 26, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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