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Thomas John Heilman v. T. Lyons

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


March 13, 2012

THOMAS JOHN HEILMAN, PLAINTIFF,
v.
T. LYONS, ET AL.,
DEFENDANTS.

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

ORDER AND ORDER REQUIRING STATUS OF PLAINTIFF'S LEGAL MATERIALS

On March 7, 2012, plaintiff filed a request that the court provide him a copy of all the records contained in this action because plaintiff was "transferred in an adverse manner," "without prior notice to pack or inventory his property and legal papers." (Id. at 1.) Plaintiff claims his legal materials were not transported with him to Donovan Prison, which he claims denies him access to the court, allegedly in retaliation for plaintiff engaging in his First Amendment right to file prison grievances and civil lawsuits.

On March 9, 2012, plaintiff filed a motion for extension of time to file objections to the February 3, 2012 findings and recommendations for the same reason. Plaintiff was previously granted an additional fourteen days in which to file objections.

The district court cannot rule on the pending findings and recommendations until plaintiff has an opportunity to file objections. Plaintiff cannot file his objections without access to his legal materials. Moreover, on February 8, 2012, this court issued a revised scheduling order, extending the discovery deadline to June 8, 2012. Plaintiff cannot propound discovery without access to his legal materials.

Accordingly, counsel for defendants shall contact the appropriate prison officials, at California Men's Colony East, and R.J. Donovan Correctional Facility, including, but not limited to, the litigation coordinators at each facility, to ascertain the location of plaintiff's legal materials, and how long it will take for such legal materials to be returned to plaintiff, and whether the transfer of these materials to plaintiff can be expedited. If necessary, counsel for defendants shall contact Monica Anderson, Supervising Deputy Attorney General, for assistance in this regard. Within ten days from the date of this order, counsel for defendants shall file a declaration concerning those efforts, including the present status of plaintiff's legal materials.

Plaintiff is granted an additional thirty days in which to file objections, which the court may further extend, depending on defendants' response to this order.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Plaintiff's March 7, 2012 request for a copy of all records in this action (dkt. no. 86) is denied without prejudice;

2. Within ten days from the date of this order, defendants' counsel shall file a declaration concerning plaintiff's access to his legal materials, as set forth above;

3. Plaintiff's March 9, 2012 motion for extension of time (dkt. no. 87) is granted; and

4. Plaintiff is granted thirty days from the date of this order in which to file objections to the findings and recommendations.

20120313

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