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Richard Bassett v. E. Callison

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 4, 2011

RICHARD BASSETT, PLAINTIFF,
v.
E. CALLISON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel and in forma pauperis. The parties have consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). On December 22, 2010, plaintiff filed a motion for the court to order the assignment of a law library technician to conduct plaintiff's law library sessions. Plaintiff states Correctional Officer Haas runs the administrative segregation ("ad seg") law library, and Haas was a witness to plaintiff's March 29, 2010 claim in this case. However, plaintiff's filing was signed prior to this court's December 22, 2010 order dismissing plaintiff's March 29, 2010 claim as unexhausted.*fn1 (Dkt. No. 77 at 6.) Thus, plaintiff's motion is denied.

On December 15, 2010, plaintiff filed a request for court order regarding legal supplies. Plaintiff states he needs to file documents to demonstrate he has exhausted his administrative remedies with regard to his March 29, 2010 claim. However, as noted above, this claim was recently dismissed because plaintiff failed to exhaust this claim prior to filing the instant action. In addition, defendants provided the information concerning the exhaustion of this claim. Therefore, this motion is also denied.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's December 22, 2010 motion (dkt. no. 79) is denied.

2. Plaintiff's December 15, 2010 motion (dkt. no. 75) is denied.

/bass0539.den


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