United States District Court, D. Arizona
Honorable David C. Bury, United States District Judge
last Order of this Court, issued February 11, 2019,
circumvented its earlier Order requesting proof of
Plaintiff's alleged assault and instead continued the
time for him to file the Response to the pending Motion for
Summary Judgment to: until he is released from watch status.
(Order (Doc. 61)). The Court assumed that Plaintiff's
writing-arm would be recovered from the alleged injury
incurred in the assaults of December 21 and 23, 2018. On
February 14, 2019, the Plaintiff filed a Response to the
Court's January 4, 2019, Order, wherein the Court
requested proof of the injury, and asks the Court to order
his release from the mental health watch pod. (Doc. 63.) It
appears his writing-arm is fully recovered.
Court notes that as of December 20, 2018, Plaintiff had
finally had access to all 14 of his legal boxes to enable him
to determine which ones were needed to prepare his Response
to the Motion for Summary Judgment. He was retaining two
boxes, both numbered 1, and boxes three and four. (Order
(Doc. 58) at 2.) He had been given another copy of the
Defendants' Motion for Summary Judgment by Warden
Renault. Plaintiff has now been transferred to
ASPC-Eyman-Browning. Defendants report that they do not know
whether his legal materials have followed. The Court notes
that the transfer to Eyman-Browning was on January 30, 2019.
Defendants' Motion for Summary Judgment has been pending
since July 16, 2018. Plaintiff reviewed all his legal
materials as recently as December. Therefore, it is
imperative that the Response be filed now. The Warden in
charge of Eyman-Browning shall ensure that for a minimum of
three hours per week while on mental health watch, the
Plaintiff has access to pen and paper, and his legal
materials (both boxes numbered 1 and boxes 3 and 4, unless
Plaintiff asks for others),  including the copy of the Motion
for Summary Judgment and corresponding Statement of Facts,
the purpose of preparing the Response to the Motion for
Summary Judgment pending in this case. Plaintiffs' access
shall be documented.
IS ORDERED that the Motion for Extension (Doc. 63)
IS FURTHER ORDERED that within five days of the
filing date of this Order the Warden in charge of
Eyman-Browning shall ensure that for a minimum of three hours
per week while on mental health watch, the Plaintiff has
access to pen and paper, and his legal materials for the
purpose of Plaintiff's preparation of his Response to the
Motion for Summary Judgment pending in this case.
IS FURTHER ORDERED that the Plaintiff shall file the
Response to the Motion for Summary Judgment by April 15,
2019. NO FURTHER EXTENSIONS OF TIME SHALL BE GRANTED.
IS FURTHER ORDERED that the Plaintiffs access to pen
and paper and his legal materials shall be documented and
filed with the Court by the Defendants on April 15, 2019.
IS FURTHER ORDERED that in the event the Plaintiff
does not file the Response by April 15, 2019, this Court
shall rule summarily to resolve the pending Motion for
Summary Judgment. LRCiv. 7.2(i).
IS FURTHER ORDERED that the Defendants shall provide
the Warden of Eyman-Browning a copy of this Order, and the
Warden shall provide a copy of it to the Plaintiff along with
the legal materials, herein, ordered to be provided to
Plaintiff Dated this 6th day of March, 2019.
 The Court does not mean to suggest
that Plaintiff may have more than the allowed four-box total,
only that he may choose the boxes he needs to prepare the
Response to the Motion for Summary Judgment. Plaintiff may
not, however, resurrect his past assertions that he
doesn't know which boxes he needs for the Response. The
Court addressed this issue, ordered Defendants to allow him
to review all his boxes, ensured that he actually had access
to each and every one of the 14 boxes, and recorded his final
choice of boxes he was retaining for the purpose of preparing
the Response to the Motion for Summary Judgment. Plaintiff
may now have four boxes of his choosing to ...