From Casetext: Smarter Legal Research

O'Neill v. Bannister

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Aug 29, 2012
3:12-cv-00030-LRH (WGC) (D. Nev. Aug. 29, 2012)

Opinion

3:12-cv-00030-LRH (WGC)

08-29-2012

CHRISTOPHER O'NEILL, Plaintiff, v. DR. ROBERT BANNISTER, et. al. Defendants.


ORDER

Before the court is Plaintiff's Motion for Access to Legal Assistance. (Doc. # 27.) Defendants have opposed. (Doc. # 29.)

Refers to court's docket number.

Plaintiff seeks ongoing access to inmate Mark Miller for legal assistance in this action. (Doc. # 27.) Plaintiff asserts that he has been preparing and filing documents in this case with the assistance of Miller, who he describes as an experienced "jailhouse lawyer." (Id.)Plaintiff seeks this order because he anticipates he is going to be transferred out of the same unit as Miller and will no longer be able to communicate with him. (Id.)

What Plaintiff is actually requesting is a form of injunctive relief. Although the Ninth Circuit has not addressed the issue directly, other circuits have repeatedly held that a plaintiff seeking injunctive relief must show "[a] relationship between the injury claimed in the party's motion and the conduct asserted in the complaint." Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994); accord Little v. Jones, 607 F.3d 1245, 1250-51 (10th Cir. 2010); Colvin v. Caruso, 605 F.3d 282, 299-300 (6th Cir. 2010); Omega World Travel, Inc. v. Trans World Airlines, 111 F.3d 14, 16 (4th Cir. 1997).

This action relates to Plaintiff's claims that Defendants were deliberately indifferent to his serious medical need in connection with the treatment of his hepatitis C. If Plaintiff has a claim related to his ability to communicate with his inmate legal assistant, he should address it first through Nevada Department of Corrections' internal grievance system, and if it cannot be resolved through those channels, by filing a separate action related to obtaining legal assistance from another inmate.

Therefore, Plaintiff's Motion for Access to Legal Assistance (Doc. # 27) is DENIED.

_______________

WILLIAM G. COBB

UNITED STATES MAGISTRATE JUDGE


Summaries of

O'Neill v. Bannister

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Aug 29, 2012
3:12-cv-00030-LRH (WGC) (D. Nev. Aug. 29, 2012)
Case details for

O'Neill v. Bannister

Case Details

Full title:CHRISTOPHER O'NEILL, Plaintiff, v. DR. ROBERT BANNISTER, et. al…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Aug 29, 2012

Citations

3:12-cv-00030-LRH (WGC) (D. Nev. Aug. 29, 2012)

Citing Cases

Wilkins v. Livingston

It is unsettled how this right extends to prisoners. See Birks v. Terhune, 398 F. App'x 308, 309 (9th Cir.…

Jefferson v. Katavich

It is unclear whether an individual who seeks medical treatment has a constitutionally protected right to…