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Walker v. Vazquez

December 28, 2009

HAROLD WALKER, PLAINTIFF,
v.
P. L. VAZQUEZ, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTIONS (Doc. 11, 12, 13, 15, 16)

Plaintiff Harold Walker ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court are five motions filed by Plaintiff. On September 21, 2009, Plaintiff filed a "Notice of Change of Address and Motion for Emergency Injunctive Relief and Motion for Appointment of Counsel." (Doc. #11.) Also on September 21, 2009, Plaintiff filed a motion requesting the Court to effect service of Plaintiff's motion on Defendants. (Doc. #12.) On October 28, 2009, Plaintiff filed another "Motion for Emergency Injunctive Relief." (Doc. #13.) On November 13, 2009, Plaintiff filed a "Second Motion for Emergency Injunctive Relief." (Doc. #15.) On December 7, 2009, Plaintiff filed another "Motion for Emergency Injunctive Relief." (Doc. #16.) Plaintiff has consented to jurisdiction by U.S. Magistrate Judge. (Doc. #14.)

I. Background

A. Plaintiff's Motions for Injunctive Relief

Plaintiff's first motion for injunctive relief, filed on September 21, 2009, does not describe what injunctive relief Plaintiff is seeking. Plaintiff's motion only describes incidents of harassment by correctional officers, some of which were named as defendants in Plaintiff's complaint. Plaintiff does not identify what he is requesting the Court to do and Plaintiff does not identify any definite threat of future irreparable harm.

Plaintiff's second motion for injunctive relief, filed on October 28, 2009, also does not request any specific kind of relief. Plaintiff describes an incident where he was moved from one building to another and was unable to obtain his medications due to the move. Plaintiff also describes further acts of harassment from correctional officers. Plaintiff claims he is being harassed by correctional officers due to his pending lawsuits against them. Plaintiff complains that his legal materials are missing and he is unable to respond to court orders.

Plaintiff's third motion for injunctive relief, filed on November 13, 2009, again fails to identify what specific kind of relief Plaintiff wishes the Court to grant. Plaintiff's motion complains that Defendants are screening out his administrative appeals, that Plaintiff does not have sufficient access to the law library, that the law library is not up to date, that Plaintiff has to trade food to other inmates to get paper, that Plaintiff does not have clean clothes, and that Plaintiff does not have access to cleaning supplies to clean his cell.

Plaintiff's fourth motion for injunctive relief, filed on December 7, 2009, specifically requests that the Court order Defendants to stop denying Plaintiff access to the showers. Plaintiff also requests that the Court order Defendants to stop denying Plaintiff access to the yard or outside recreation. Finally, Plaintiff requests that the Court order Defendants to grant Plaintiff at least eight hours a week in the law library.

B. Plaintiff's Motion for Appointment of Counsel

Plaintiff's motion for appointment of counsel states that Plaintiff is being denied writing material, being denied access to the law library, and that Plaintiff's legal materials are being thrown away. As a result, Plaintiff alleges that he is unable to contact the courts that he has pending litigation in, and is unable to draft responses to court orders. Plaintiff further claims that he is not receiving orders and correspondences from this court or the Court of Appeals for the Ninth Circuit.

C. Plaintiff's Motion for Service

Plaintiff's motion requesting the Court to effect service of his complaint on Defendants states that Plaintiff is being denied paper and does not have access to a copy machine. As a result, Plaintiff claims that he is unable to serve Defendants with a copy of his September 21, 2009 motion for injunctive relief and appointment of counsel.

II. Discussion

A. Injunctive ...


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