Payton v. Montgomery

Summary

The court addresses plaintiff’s declaration and motion for relief concerning failed settlement conferences, alleged misconduct at a correctional facility, access to legal materials, and related requests to amend the complaint and obtain injunctive relief. The court denies as moot the request concerning access to the law library at the prior facility, grants an extension to oppose the motion to dismiss, and recommends denying leave to amend and preliminary injunctive relief. The matter is referred to an assigned district judge for review of the findings and recommendations.

Holdings

1. The proposed claims concerning access to the courts, assault, property deprivation, and administrative segregation at KVSP could not be added to this action because they involved unrelated events and defendants and would improperly circumvent the PLRA's filing-fee limitations.
2. The court could not issue the requested preliminary injunction because CDCR and KVSP officers were not parties to the action, the proposed injunction concerned claims not pleaded in the complaint, and there was no nexus between those claims and the claims against Montgomery.
3. The request for access to the KVSP law library was denied as moot because plaintiff had been transferred from KVSP.
4. Plaintiff was granted thirty days from the date of the order to file and serve an opposition or statement of non-opposition to defendants' motion to dismiss.

Questions Presented

1. Whether plaintiff's declaration and motion for relief should be construed as a motion to amend the complaint to add claims against CDCR, KVSP, and KVSP officers.
2. Whether plaintiff was entitled to a preliminary injunction concerning alleged assault, property destruction, administrative segregation, and law-library access at KVSP.
3. Whether the request for access to the KVSP law library became moot after plaintiff's transfer.
4. Whether plaintiff was entitled to additional time to oppose defendants' motion to dismiss.

Disposition

other