(PC) Stephen v. Zhang et al, No. 2:2009cv01516 - Document 67 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 11/9/2010 ORDERING that pltf's 58 request to file a supplemental cmplt is DENIED; and RECOMMENDING that pltf's 53 request for an order directing prison authorities to provide typewriter ribbons, interpreted as a request for injunctive relief, be denied. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days. (Yin, K)
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(PC) Stephen v. Zhang et al Doc. 67 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JIMMIE STEPHEN, Plaintiff, 10 11 vs. 12 No. CIV S-09-1516 MCE KJM P F. ZHANG, et al., 13 Defendants. ORDER / 14 15 Plaintiff is a state prison inmate proceeding pro se with a civil rights action under 16 42 U.S.C. § 1983. He has filed a motion for leave to file a supplemental complaint and a motion 17 for an order directing prison authorities to provide ribbons for the typewriters in the law library. 18 I. Supplemental Complaint 19 Under Federal Rule of Civil Procedure 15(d), a party may seek leave of court to 20 file a supplemental complaint containing claims that accrued after the initial complaint was filed. 21 Cabrera v. City of Huntington Park, 159 F.3d 374, 382 (9th Cir. 1998). It is difficult to 22 determine whether plaintiff’s claims satisfy the requirements for a supplemental complaint 23 because the vague allegations appear to include incidents from 2005, 2009 and 2010. 24 In addition, given the pendency of defendants’ motion to dismiss, the court will 25 not consider further motions to file amended or supplemental complaints until the ultimate status 26 of the action is resolved. 1 Dockets.Justia.com 1 II. Motion For Typewriters With Ribbons 2 Plaintiff alleges that prison authorities are refusing to spend money from the 3 inmate welfare fund on typewriter ribbons and that this has the potential of denying him access 4 to the courts. He supports his argument with a letter from the California Supreme Court from 5 2004 reminding him that he should file typewritten copies of his petition for review. The court 6 notes, however, that many of the documents plaintiff has filed in this case have been typewritten 7 and that the court has not rejected his handwritten documents. He has not shown he has been 8 denied access to the court in this case. 9 10 IT IS THEREFORE ORDERED that plaintiff’s request to file a supplemental complaint (doc. no. 58) is denied. 11 IT IS HEREBY RECOMMENDED that plaintiff’s request for an order directing 12 prison authorities to provide typewriter ribbons (doc. no. 53), interpreted as a request for 13 injunctive relief, be denied. 14 These findings and recommendations are submitted to the United States District 15 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 16 one days after being served with these findings and recommendations, any party may file written 17 objections with the court and serve a copy on all parties. Such a document should be captioned 18 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 19 shall be served and filed within fourteen days after service of the objections. The parties are 20 advised that failure to file objections within the specified time may waive the right to appeal the 21 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 DATED: November 9, 2010. 23 24 25 26 2/step1516.ord 2