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Rush Spinks, Jr v. E. Lopez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 8, 2011

RUSH SPINKS, JR.,
PLAINTIFF,
v.
E. LOPEZ, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION FOR ORDER GRANTING PLAINTIFF ACCESS TO UNRESTRICTED PHOTOCOPY SERVICES (Doc. 7)

Plaintiff Rush Spinks, Jr., a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 12, 2010. On October 25, 2010, Plaintiff filed a motion seeking an order requiring the prison law librarian to provide Plaintiff with unrestricted photocopy services. Plaintiff's motion is based on a recent directive that in the absence of a court order, legal documents exceeding one-hundred pages will not be copied.

The pendency of this action does not give the Court jurisdiction over the law librarian or any other prison official at the Correctional Training Facility in Soledad and the Court cannot issue an order requiring prison officials to grant Plaintiff access to unlimited photocopy services. See e.g., Summers v. Earth Island Institute, 555 U.S. 488, ___, 129 S.Ct. 1142, 1149 (2009) (the plaintiff bears the burden of establishing standing for each form of relief he seeks in federal court); City of Los Angeles v. Lyons, 461 U.S. 95, 101, 103 S.Ct. 1660, 1665 (1983); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). If Plaintiff finds himself in a situation where he needs a document related to this case copied and he can show that his request for the copy was denied due to the document's length, Plaintiff may notify the Court of the issue at that time.*fn1 However, speculation regarding future litigation issues is not grounds for seeking court intervention.

Accordingly, Plaintiff's motion is HEREBY DENIED.

IT IS SO ORDERED.

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