Wilson v. Nesbeth et al

Filing 63

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/30/11 ORDERING that defendant shall file a reply within 14 days if plaintiff was given an opportunity to go through his legal materials and the specifics of when this occurred and how much time was provided.(Dillon, M)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WAYNE WILSON, 11 Plaintiff, No. CIV S-06-1139 KJM GGH P vs. 12 13 W.C. NESBETH, et al., 14 Defendants, 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 17 1983. On November 21, 2011, plaintiff filed a motion for a protective order to obtain his legal 18 materials so he can file a pretrial statement. Doc. 61. While plaintiff’s motion is not specific and 19 generally just states he needs access to his legal materials and medical appliances, it is not clear 20 what materials plaintiff has been provided by prison officials. 21 One of plaintiff’s exhibits includes an inmate appeal where plaintiff requested 6 22 hours in a room with his 11 boxes of legal materials to gather the appropriate files as they are 23 commingled. While this request seems excessive, prison officials responded on October 27, 24 2011, that plaintiff would be allowed to go through his materials, however it is not clear if this 25 occurred. Doc 61 at 11. Within 14 days defendant shall file a response indicating if plaintiff was 26 given an opportunity to go through his legal materials and the specifics of when this occurred and 1 1 how much time was provided. 2 Accordingly, IT IS HEREBY ORDERED that defendant shall file a reply within 3 14 days if plaintiff was given an opportunity to go through his legal materials and the specifics of 4 when this occurred and how much time was provided. 5 DATED: November 30, 2011 6 7 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH: AB wils1139.ord3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?