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James E. Bowell v. California Department of Corrections

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


May 25, 2011

JAMES E. BOWELL, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On May 6, 2011, plaintiff filed a document styled as a motion for an order to compel the litigation coordinator at Kern Valley State Prison (Kern Valley) to allow plaintiff "Deposition Access." By this motion, plaintiff seeks a court order requiring prison officials to permit him to interview potential inmate witnesses at Kern Valley. Specifically, plaintiff wants permission to visit seven of eight buildings on Facility D of Kern Valley to interview inmates who were housed at High Desert State Prison at times relevant to plaintiff's claims in this action. Defendants oppose the motion on the ground that plaintiff is seeking an order directed at individuals who are not a party to this lawsuit.

Prison regulations provide a process for inmates to request permission to correspond with other inmates and plaintiff has not demonstrated that he has either requested or been denied such permission. Accordingly, good cause appearing, IT IS HEREBY ORDERED that plaintiff's May 6, 2011 motion is denied.

DAD:12 bowe0397.corr

20110525

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