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Uhuru v. Singh

United States District Court, Eastern District of California
Nov 15, 2021
2:20-cv-1664 TLN KJN P (E.D. Cal. Nov. 15, 2021)

Opinion

2:20-cv-1664 TLN KJN P

11-15-2021

KOHEN DIALLO UHURU, Plaintiff, v. R. SINGH, et al., Defendants.


ORDER

KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE.

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, defendant is ordered to inform the court of the status of plaintiff's access to his legal property.

On August 10, 2021, defendant filed a summary judgment motion and a motion to stay discovery. (ECF Nos. 49, 50.) On October 22, 2021, the undersigned granted plaintiff thirty days to file his oppositions to defendant's motions. (ECF Nos. 54.)

In the October 22, 2021 order, the undersigned observed that on October 18, 2021, plaintiff informed the court that he was placed in a mental health crisis bed in August 2021. (ECF No. 53.) Plaintiff claimed that while in the mental health crisis bed, he was denied access to his legal property and writing pens. (Id.) Based on plaintiff's ability to prepare his October 18, 2021 pleading, the undersigned found that plaintiff was able to prosecute this action. (ECF No. 54.)

On November 1, 2021, plaintiff filed a pleading titled “Opposition to Defendant's Summary Judgment Motion…” (ECF No. 57.) In this pleading, plaintiff alleges that he is still housed in a mental health crisis bed. (Id. at 1.) Plaintiff alleges that his legal materials were confiscated on August 11, 2021. (Id. at 1-2.)

In his opposition, plaintiff alleges that he is not allowed to have a pen in his cell. (ECF No. 57 at 2.) Plaintiffs ability to prepare his opposition demonstrates that plaintiff has access to writing implements.

Good cause appearing, IT IS HEREBY ORDERED that within ten days of the date of this order, defendant shall inform the court of the status of plaintiff s access to his legal property regarding the instant action, including at the present time and when he filed his opposition to defendant's summary judgment motion; if plaintiff does not have access to his legal property regarding the instant action, defendants shall inform the court when prison officials anticipate plaintiff will have access to these materials.


Summaries of

Uhuru v. Singh

United States District Court, Eastern District of California
Nov 15, 2021
2:20-cv-1664 TLN KJN P (E.D. Cal. Nov. 15, 2021)
Case details for

Uhuru v. Singh

Case Details

Full title:KOHEN DIALLO UHURU, Plaintiff, v. R. SINGH, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 15, 2021

Citations

2:20-cv-1664 TLN KJN P (E.D. Cal. Nov. 15, 2021)