(PC) Emerson v. New Folsom State Prison, No. 2:2014cv01569 - Document 25 (E.D. Cal. 2014)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/14 ORDERING that Plaintiffs pleading alleging inadequate law library access 23 is disregarded; Plaintiffs objections to the October 17, 2014 findings and recommendations are due within 30 days of the date of this order.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY EMERSON, 12 Plaintiff, 13 14 No. 2: 14-cv-1569 TLN KJN P v. ORDER NEW FOLSOM STATE PRISON, 15 Defendant. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. On October 17, 2014, the undersigned recommended that this action be 19 dismissed based on plaintiff’s failure to file an amended complaint. (ECF No. 22.) On October 22, 2014, plaintiff filed a letter with the court stating that he is being denied 20 21 law library access. (ECF No. 23.) Plaintiff does not clearly describe when he sought law library 22 access or discuss why his request for law library access was denied, or why it was necessary to 23 access the library to file an amended complaint. For this reason, the undersigned finds that 24 plaintiff’s claim alleging inadequate law library access is unsupported. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s pleading alleging inadequate law library access (ECF No. 23) is disregarded; 27 //// 28 //// 1 1 2. Plaintiff’s objections to the October 17, 2014 findings and recommendations are due 2 within thirty days of the date of this order. 3 Dated: October 31, 2014 4 5 Em1569.ll 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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