Opinion
3:10-CV-00487-RCJ (WGC)
10-31-2011
ANTONIO M. BREAKMAN, Plaintiff. v. TOM STUBBS, et. al., Defendants.
MINUTES OF THE COURT
PRESENT: THE HONORABLE WILLIAM G. COBB . U.S. MAGISTRATE JUDGE
DEPUTY CLERK: JENNIFER COTTER REPORTER: NONE APPEARING
COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiff has filed a Motion for an Order to Defendant and Defendant's Counsel to Correct Retaliatory Change of Unit. (Doc. # 23.) Plaintiff claims he was transferred to another housing unit which does not have law clerks in retaliation for litigating his cases. (Id.) Defendant opposes the motion. (Doc. # 29.)
This action is based on Plaintiffs claim that Defendant used excessive force against him, and then retaliated against him when he filed a grievance concerning that conduct, by taking away his personal property. (Doc. # 9.) In this motion, Plaintiff is claiming the transfer between housing units is retaliatory in violation of the First Amendment. (Doc. # 23.) He also potentially raises an access to courts claim under the First Amendment. (Id.) The claims he asserts here are distinct from those alleged in the Complaint, which stem from the alleged use of excessive force. The contentions of this motion are properly lodged using the prison grievance system and, if they remain unresolved, by filing a new action. Accordingly, Plaintiff s motion (Doc. # 23) is DENIED. Plaintiff has also filed a Motion for an Order Appointing Inmate Amadeo Sanchez as Counsel Substitute Due to Retaliatory Move of Plaintiff. (Doc. # 27.) Plaintiff seeks an order appointing inmate Amadeo Sanchez as counsel substitute, or alternatively, an order that Plaintiff be returned to Unit 4A so he can continue to receive help from Mr. Sanchez. (Id.)Defendants oppose the motion. (Doc. # 32.)
While obtaining assistance of other inmates in legal matters may be protected by the First Amendment, Defendants are correct that there is no authority providing Plaintiff has a right to a particular inmate of his choosing to assist with his legal matters. Plaintiff has not indicated he has been denied access to any inmate law clerk, just that he cannot access inmate Amadeo Sanchez. Moreover, Plaintiff has filed several documents with the court since the time he was transferred to another housing unit, and has demonstrated he is able to litigate this case on his own. Plaintiff may have the assistance of law clerks at the prison that are within his housing unit, and none of the issues in this case appear to be particularly complex. The court will not appoint one inmate to represent another. Therefore, Plaintiff's motion (Doc. # 27) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By: ____
Deputy Clerk