Free Response to Motion - District Court of Arizona - Arizona

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Terry Goddard Attorney General Colleen M. Auer Assistant Attorney General State Bar No. 014637 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-7698 Fax: (602) 542-7670 [email protected] Attorneys For Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Allace Cornellier, Plaintiff, v. Sandra Walker, et al., Defendants. Defendant1 submits this response to Plaintiff's "Motion for a Restraining Order, and/or injunction." Plaintiff claims that he was isolated after being assaulted by another inmate and did not have access to his legal boxes, copies or to the inmate library for nine days from August 15 to August 24, 2005.2 He asks this Court to "issue an injunction against the Department of Corrections, and that it be effective during the pendancy (sic) of this case, and any further actions, or orders, this court deems appropriate."3 No: CV 04-0724-PHX-PGR (JJM) RESPONSE TO PLAINTIFF'S MOTION FOR A RESTRAINING ORDER, AND/OR INJUNCTION

Victor Ruboyianes. To Defendant's knowledge, B. Ulibarri has not yet been served. Defendants Walker, LaPlante, Hirsh, Brennan, Annis, Garcia, Carpenter, and Eccles were dismissed from this action per the Court's January 11, 2005 Screening Order.
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Motion for a Restraining Order, and/or Injunction at 2-3. Id. at 3.
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It is not clear what Plaintiff is trying to enjoin. He does not claim a continuing lack of access to legal materials, qualified legal copies or the inmate library. And he has not shown any violation of his constitutional right of access to the courts in this case. To allege a violation of that right, he must show an actual injury, i.e., that "an actionable [qualified] claim . . . which he desired to bring has been lost or rejected, or that the presentation of such a claim is currently being prevented." Lewis v. Casey, 518 U.S. 343, 354-55, 116 S.Ct. 2174, 2181-82 (1996). Qualified claims are appeals from convictions, habeas petitions, civil-rights actions, and actions regarding conditions of confinement. Id. Plaintiff does not claim that he lost, or is currently being prevented from pursuing, a qualified claim. And Defendant has no obligation to enable Plaintiff "to litigate effectively once in court." Lewis, 518 U.S. at 354, 116 S.Ct. 1281. In any event, the nine days Plaintiff claims he was denied access to his legal boxes, copies and the inmate library did not impede his ability to litigate this case as Defendants' Motion to Dismiss has been fully briefed since April 22, 2005 and is currently pending. Accordingly, Plaintiff has not demonstrated any actual injury or otherwise specified a basis for a restraining order or injunctive relief, much less the broad and non-specific relief he requests. His motion should therefore be denied. RESPECTFULLY SUBMITTED this 8th day of September, 2005. Terry Goddard Attorney General

s/ Colleen M. Auer Colleen M. Auer Assistant Attorney General Attorneys for Defendants

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Copy mailed the same date to: Allace Cornellier, #040553 ASPC-Lewis-Morey Post Office Box 3300 Buckeye, AZ 85326-3300 s/ Colleen M. Auer Colleen M. Auer IDS05-0081/RSK:G04-21814
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