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Mizrahi v. Baca

February 10, 2009

ISHMAEL MIZRAHI, PLAINTIFF,
v.
LEE BACA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: John F. Walter United States District Judge

MEMORANDUM AND ORDER

BACKGROUND

Plaintiff is a state detainee at the Men's Central Jail in Los Angeles, California ("MCJ"), who is accused of violating California criminal law. Plaintiff filed this pro se civil rights action on January 22, 2009, against: (1) MCJ Custody Assistants Hinton and Caldwell, in their individual and official capacities; (2) MCJ Sergeant Deputy J.D. Roberts, in his official capacity; and (3) Los Angeles County Sheriff Lee Baca, in his official capacity.

SUMMARY OF PLAINTIFF'S ALLEGATIONS

Plaintiff asserts four claims for relief:

Claim 1

In Claim 1, Plaintiff alleges that on or about September 25, 2008, Plaintiff sought access to the MCJ law library to conduct research related to a separate civil rights action Plaintiff wished to file challenging the conditions of his confinement (Complaint, p. 5; Attachment to Complaint, p. 1). Plaintiff alleges that Defendant Hinton denied Plaintiff access to the MCJ law library (Complaint, p. 5; Attachment to Complaint, p. 1). Plaintiff alleges that Defendant Hinton advised that only criminal defendants with "pro per" status were permitted to access the law library (Attachment to Complaint, pp. 1, 6).

Plaintiff further alleges that Defendant Hinton denied him access to the law library again on October 8 and 14, 2008, and refused to accept an inmate grievance form relating to Defendant Hinton's prior denial of law library access (Attachment to Complaint, pp. 3-4). Plaintiff also alleges that Defendant Hinton refused to provide Plaintiff with a "Writ of Habeas Corpus" form (Attachment to Complaint, p. 6).

Claim 2

In Claim 2, Plaintiff alleges that on or about October 9 and 16, 2008, Defendant Caldwell denied Plaintiff access to the MCJ law library, and refused to accept Plaintiff's inmate grievance form concerning the denial of law library access (Attachment to Complaint, pp. 7-10).

Plaintiff further alleges that on or about October 16, 2008, Defendant Caldwell knowingly discarded a petition for writ of habeas corpus Plaintiff submitted for filing with this Court which raised a denial of access claim based on Plaintiff's alleged inability to use the MCJ law library. Plaintiff alleges that this Court never received the petition (Attachment to Complaint, pp. 9-11).*fn1

Claim 3

In Claim 3, Plaintiff alleges that on or about October 8, 2008, Defendant Roberts wilfully failed to review and/or investigate Plaintiff's inmate grievance concerning his access to the law library and Plaintiff's allegations against ...


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