(HC) Faulkner v. Pollard ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH L. FAULKNER, Case No. 1:20-cv-01748-NONE-HBK 12 Petitioner, ORDER REQUESTING ASSISTANCE OF R.J. DONOVAN CORRECTIONAL 13 v. FACILITY LITIGATION COORDINATOR 14 M. POLLARD, (Doc. No. 13) 15 Respondent. 16 17 Petitioner Kenneth L. Faulkner, a state prisoner proceeding pro se, petitioned for a writ of 18 habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner seeks a Court order directing 19 prison staff at R.J. Donovan Correctional Facility to grant Petitioner access to the law library. 20 (Doc. No. 13, “Motion”). 21 This Court declines to order prison library staff, a non-party to this case, to take specific 22 actions. However, as a courtesy, the Court will request the assistance of the litigation coordinator 23 at R.J. Donovan Correctional Facility to ensure Petitioner is afforded adequate opportunities to 24 access the law library, to the extent that doing so is consistent with institutional order and 25 security. See Whitley v. Albers, 475 U.S. 312, 321-322 (1986) (“Prison administrators . . . should 26 be accorded wide-ranging deference in the adoption and execution of policies and practices that 27 in their judgment are needed to preserve internal order and discipline and to maintain institutional 28 security.”). The Court notes that Petitioner is under a court-ordered deadline to file his objections 1 | to the Report and Recommendations. (See Doc. No. 14, requiring Petitioner to file any objections 2 | no later than September 6, 2021). The Clerk’s office will be directed to serve a copy of this order 3 | on the litigation coordinator at Petitioner’s prison. 4 Accordingly, it ORDERED: 5 1. Petitioner’s Motion (Doc. No. 13) is DENIED. 6 2. The Clerk of Court is directed to serve a copy of this order on the litigation 7 coordinator at R.J. Donovan Correctional Facility. 8 ” | Dated: _ July 7.2021 law □□ fareh Hack 10 HELENA M. BARCH-KUCHTA 1 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28