Opinion
Case No. 2:12-cv-1370-JCM-VCF
08-11-2014
GEORGE TYRONE DUNLAP, Plaintiff, v. WARDEN D. NEVEN, et al., Defendants.
ORDER
Before the court is George Tyrone Dunlap's motion for a status check (#100). Defendants filed an opposition (#102). Dunlap requests a status check because Defendants allegedly retaliated against him for commencing this action by denying Dunlap access to legal supplies. (See Doc. #1 at 1:21-22). For the reasons stated below, Dunlap's motion for a status check is denied.
In Bounds v. Smith, 430 U.S. 817, 828 (1977), the United States Supreme Court held that the First and Fourteenth Amendments guarantee prisoners to "meaningful access" to legal supplies and a law library. However, "meaningful access" does not mean unfettered access: prisoners must comply with the regulations. Lindquist v. Idaho State Bd. of Corr., 776 F.2d 851, 858 (9th Cir. 1985) (holding that prison officials may regulate the time, manner, and place in which library facilities are used). Restrictive regulations governing the use of a prison law library do not necessarily deny a prisoner of meaningful access to the courts. See Hossman v. Spradline, 812 F.2d 1019, 1021 (7th Cir. 1987).
Dunlap's motion for a status check is denied because he failed to comply with the prison's regulations governing access to legal supplies. Pursuant to Nevada Revised Statute § 209.351 and Administrative Regulation 722, a prisoner must submit a signed, inmate transaction form (i.e., a brass slip) as well as proof of indigence. (See Doc. (#102-1) at 8). Without these items, a prisoner's request for legal supplies will be denied. Because Dunlap failed to provide brass slips or proof of indigence, his request for legal supplies was properly denied. (See generally Doc. (#102-2 at Ex. B).
ACCORDINGLY, and for good cause shown,
IT IS ORDERED that Dunlap's Motion for a Status Check (#100) is DENIED.
IT IS SO ORDERED.
DATED this 11th day of August, 2014.
/s/_________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE