Opinion
Civil Action No. 04-2457-CM.
November 29, 2004
MEMORANDUM AND ORDER
This matter comes before the court on Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion to Dismiss (Doc. 18).
Plaintiff is a pro se plaintiff and is currently in custody. Plaintiff's Motion requests an extension of time to file his response to Defendants' Motion to Dismiss and also asks the court to order plaintiff's detention center to grant plaintiff access to the detention center's law library, arguing that he is being denied access to legal materials and time to research.
To the extent that plaintiff's motion requests an extension of time to file his response to defendant's Motion to Dismiss, the court grants plaintiff's motion. Plaintiff's previously-filed Response to defendants' Motion to Dismiss, filed November 12, 2004 (Doc. 20), is therefore timely.
To the extent that plaintiff's motion requests the court to order plaintiff's detention center to increase his access to legal materials and opportunities to research, plaintiff's motion is denied for several reasons. First, plaintiff's Complaint makes no mention of defendants' denial of his right to legal materials and research time. Therefore, such a claim is not properly before the court for consideration. Second, plaintiff's Motion for Extension of Time does not allege with any particularity exactly how plaintiff's rights to legal materials and research opportunities is being denied. Third, plaintiff's voluminous number of attached exhibits include inmate communication forms which outline plaintiff's specific grievances or requests. Based on these exhibits, it appears to the court that all of plaintiff's grievances and requests were timely and respectfully responded to by plaintiff's detention center.
IT IS THEREFORE ORDERED that plaintiff's Motion for Extension of Time to File Response to Defendants' Motion to Dismiss (Doc. 18) is granted in part and denied in part. Specifically, the court grants plaintiff's request for additional time to file his Response to defendants' Motion to Dismiss and denies plaintiff's request for this court to order plaintiff's detention center to grant plaintiff greater access to the detention center's law library.