(PC) Cuellar v. Madera County Dept. of Correction ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 Case No. 1:20-cv-00388-JDP TRAVIS JUSTIN CUELLAR, 12 ORDER DENYING PLAINTIFF’S MOTION Plaintiff, FOR MISCELLANEOUS RELIEF 13 v. ECF No. 14 14 MADERA COUNTY DEPT. OF ORDER THAT THE CLERK’S OFFICE 15 CORRECTIONS, et al., FORWARD THIS ORDER AND PLAINTIFF’S MOTION TO THE LITIGATION 16 Defendants. COORDINATOR OF THE MADERA COUNTY DEPARTMENT OF CORRECTIONS 17 18 Plaintiff Travis Justin Cuellar is a county detainee proceeding without counsel in this 19 action under 42 U.S.C. § 1983. On June 24, 2020, plaintiff filed a motion for miscellaneous 20 relief, including legal research materials. ECF No. 14. Generally, this court does not have the 21 power to bind third parties that are not before it, or provide legal research or related materials to a 22 plaintiff. The motion is therefore denied. However, the court also orders that the clerk’s office 23 forward this order and plaintiff’s request to the litigation coordinator at the Madera County 24 Department of Corrections. The court requests that that the litigation coordinator work with 25 plaintiff to accommodate his needs in this case. In addition, the court notes that the denial of law- 26 library access may itself create a constitutional issue. Bounds v. Smith, 430 U.S. 817, 828 (1977) 27 (“[T]he fundamental constitutional right of access to the courts requires prison authorities to assist 28 wAOe 4 OU MMVUETIOCTIL tw PO ee Ay eM 1 | inmates in the preparation and filing of meaningful legal papers by providing prisoners with 2 | adequate law libraries or adequate assistance from persons trained in the law.”). 3 4 IT IS SO ORDERED. ° : —N prssann — Dated: _ June 26, 2020 6 UNI STATES MAGISTRATE JUDGE 4 8 | No. 205. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28