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Elliott v. Vaughn

United States District Court, M.D. Pennsylvania
Apr 27, 2007
CIVIL ACTION NO. 1:04-CV-1101 (M.D. Pa. Apr. 27, 2007)

Opinion

CIVIL ACTION NO. 1:04-CV-1101.

April 27, 2007


ORDER


AND NOW, this 27th day of April, 2007, upon consideration of plaintiff's motions for civil suspension (Docs. 191, 192), in which plaintiff seeks a stay of this matter because of his limited access to his legal materials, and it appearing that, despite his contentions to the contrary, the corrections officer responsible for supervising and administering security and custodial activities within the RHU at the State Correctional Institution at Greene has afforded plaintiff access to his legal materials in accordance with DC-ADM 801 by giving plaintiff "the opportunity to peruse his property, pick those legal materials he wishes to retain in his cell, and . . . provid[ing] weekly access to his property to exchange legal materials," and has been allowed to possess a total of four boxes of legal material in his cell, but refuses to cooperate with the staff (Doc. 201, Declaration of Corrections Officer David L. Grainey, pp. 3-4, ¶¶ 2-3), it is hereby ORDERED that:

"[I]nmates assigned to Disciplinary Custody status, are permitted to have one records center box in their cell at any one time. In addition, they may exchange legal poperty at least once a month from their additional property held in storage. More frequent exchanges may be requested based on a demonstrated need to due to `active litigition.'" (Doc. 201, Declaration of Corrections Officer David L. Grainey, p. 4, ¶ 3)

1. Plaintiff's motions (Doc. 191, 192) are DENIED.
2. Plaintiff is afforded until May 25, 2007, to respond to defendants' motion for summary judgment (Doc. 178) in accordance with Local Rules of Court. See L.R. 56.1.
3. Failure to comply with this order will result in the motion being deemed unopposed. See L.R. 7.6; see also Stackhouse v. Mazurkiewicz, 951 F.2d 29 (3d Cir. 1991).

Defendants' motion and supporting documents were filed in December 2006. (Docs. 178-180, 182-184).


Summaries of

Elliott v. Vaughn

United States District Court, M.D. Pennsylvania
Apr 27, 2007
CIVIL ACTION NO. 1:04-CV-1101 (M.D. Pa. Apr. 27, 2007)
Case details for

Elliott v. Vaughn

Case Details

Full title:JOSEPH A. ELLIOTT, SR., Plaintiff v. SUPERINTENDENT DONALD VAUGHN, et al.…

Court:United States District Court, M.D. Pennsylvania

Date published: Apr 27, 2007

Citations

CIVIL ACTION NO. 1:04-CV-1101 (M.D. Pa. Apr. 27, 2007)