(PC) Driver v. Kern County Superior Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY DRIVER, JR., No. 2: 20-cv-1665 JAM KJN P 12 Plaintiff, 13 v. ORDER 14 KERN VALLEY SUPERIOR COURT, et al., 15 Defendants. 16 17 18 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 19 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s June 16, 2021 motion to compel the 20 law librarian to return plaintiff’s 127 pages-long legal document and his 19 pages-long legal 21 document, submitted for copying on June 1, 2021. (ECF No. 54.) 22 The undersigned construes plaintiff’s motion to compel as a motion for a protective order. 23 See Wilson v. Nesbeth, 2011 WL 4043569, at *1 (E.D. Cal. Sept. 9, 2011) (magistrate judges are 24 authorized to issue orders for non-dispositive motions not involving injunctive relief). For the 25 reasons stated herein, plaintiff’s motion to compel is denied. 26 In the motion to compel, plaintiff describes the 19 pages-long document as a writ of 27 execution to enforce a money judgment by Kimberly Alanza. This document is unrelated to the 28 instant action. For this reason, plaintiff’s motion to compel the return of this document is denied. 1 Plaintiff does not describe the 127 pages-long document the law librarian allegedly failed 2 || toreturn. Because it is unclear whether this document is related to the instant action, the motion 3 || to compel as to this document is also denied.! 4 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to compel (ECF No. 54) 5 || is denied. 6 || Dated: July 15, 2021 Foci) Aharon 8 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE ° Dr1665.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 On June 21, 2021, plaintiff filed a 123 pages long opposition to defendants’ motion to revoke 27 | plaintiffs in forma pauperis status. (ECF No. 56.) Plaintiff's opposition is likely one of the documents addressed in the pending motion to compel. Plaintiff's ability to file this document 28 | suggests that the law librarian returned this document to plaintiff.