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Gilbert-Mitchell v. Lappin

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 26, 2007

WALLACE GILBERT-MITCHELL, JR., PLAINTIFF,
v.
HARLEY LAPPIN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

In this latest motion (Doc. 19), Plaintiff asks the Court to direct officials at his current institution -- U.S.P. Victorville -- to provide him with access to all his legal property so that he may adequately prosecute this action. At this time, however, there are no court deadlines pending for Plaintiff to meet, as the Court has yet to complete a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A. Further, the record of this case indicates that Plaintiff has managed to file numerous pleadings in this matter over the last six months; lack of access to his legal property certainly has not impeded his ability to litigate this case to date.

In his current motion, Plaintiff asks that the Court dismiss this action if the Court does not grant his request for access to his legal property. The Court surmises that Plaintiff asks for this extreme result only because he did not understand all the preliminary measures the Court undertakes before Defendants are served with the complaint. However, IF Plaintiff truly wishes to dismiss this action at this time, he may file such a notice. See FED.R.CIV.P. 41.

In short, the instant motion is DENIED.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20070326

© 1992-2007 VersusLaw Inc.



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