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Elliott v. Vaughn

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 21, 2006

JOSEPH A. ELLIOTT, SR., PLAINTIFF
v.
SUPERINTENDENT DONALD VAUGHN, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 21st day of July, 2006, upon consideration of plaintiff's motion to compel (Doc. 145) production of fourteen boxes of legal and other material which were confiscated from his cell, and it appearing that defendants have legitimate penological reasons for limiting the amount of material an inmate may have in his cell*fn1 , see Green v. Johnson, 977 F.2d 1383 (10th Cir. 1992) (holding that prison rule imposing a limitation on storage of materials in inmate cells was reasonably related to the legitimate penological goals of safety, security and fire hazard concerns); see also, Hackett v. Horn, 751 A.2d 272, 274-75 (Pa. Commw. Ct. 2000) (finding that by limiting the amount of materials inmates may keep in their cells, the prison authorities are better able to insure the safety of the facility), and it further appearing that plaintiff has been provided with options to sort and consolidate "approximately ten boxes of material" (Doc. 148),*fn2 but has declined to do so, it is hereby ORDERED that motion to compel is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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