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Elliott v. Vaughn

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


April 27, 2007

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

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

ORDER

AND NOW, this 27th day of April, 2007, upon consideration of plaintiff's motions for civil suspension (Docs. 191, 192), in which plaintiff seeks a stay of this matter because of his limited access to his legal materials, and it appearing that, despite his contentions to the contrary, the corrections officer responsible for supervising and administering security and custodial activities within the RHU at the State Correctional Institution at Greene has afforded plaintiff access to his legal materials in accordance with DC-ADM 801*fn1 by giving plaintiff "the opportunity to peruse his property, pick those legal materials he wishes to retain in his cell, and . . . provid[ing] weekly access to his property to exchange legal materials," and has been allowed to possess a total of four boxes of legal material in his cell, but refuses to cooperate with the staff (Doc. 201, Declaration of Corrections Officer David L. Grainey, pp. 3-4, ¶¶ 2-3), it is hereby ORDERED that:

1. Plaintiff's motions (Doc. 191, 192) are DENIED.

2. Plaintiff is afforded until May 25, 2007, to respond to defendants' motion for summary judgment (Doc. 178)*fn2 in accordance with Local Rules of Court. See L.R. 56.1.

3. Failure to comply with this order will result in the motion being deemed unopposed. See L.R. 7.6; see also Stackhouse v. Mazurkiewicz, 951 F.2d 29 (3d Cir. 1991).


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