Warsaw v. Captain J. Garcia et al

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25-cv-1262-JO-DDL
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CHRISTOPHER D. WARSAW,
Plaintiff,
v.
CAPTAIN J. GARCIA, CDCR A.W
- A MAY AND STAFF A. PEREZ,
Defendants.
Case No.: 25-cv-1262-JO-DDL
ORDER REGARDING
PLAINTIFF’S MOTION FOR
ACCESS TO THE COURT
[Dkt. No. 21]
On February 19, 2026, Plaintiff filed a Motion for Access to the Court. 	Dkt.
No. 21. 	Plaintiff seeks an order from the Court requiring the Richard J. Donovan
Correctional Facility (“RJD”) to provide him with access to materials that he needs
to litigate his case. 	Id. 	Specifically, Plaintiff seeks access to the law library,
photocopies, postage, pens and paper, and legal phone calls. 	Id. at 1-2. Plaintiff
argues that these materials are necessary for his communications with the Court
and that the lack of access to these items is “hindering and obstructing” him. 	Id.
at 2. 	However, Plaintiff’s motion does not describe with any degree of specificity
what he asserts is being denied to him and what specific relief he is seeking. For
example, it is unclear from the motion whether Plaintiff asserts he is being denied
all access to a law library or whether his access is limited in some other manner.
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25-cv-1262-JO-DDL
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Nor is it clear whether Plaintiff contends he is being denied postage and other
supplies for his legal filings. 	Accordingly, Plaintiff’s motion is DENIED WITHOUT
PREJUDICE.
Plaintiff’s motion includes a 2018 order issued by the Honorable Kenly Kiya
Kato addressing Plaintiff’s request for similar relief in a different case. 	Id. at 3-4.
Judge Kato declined to order RJD to provide plaintiff access to the law library and
legal calls but noted that Plaintiff “needs access to, among other things, legal
materials regarding the pending matter, a law library, writing materials, and legal
calls, as permitted by jail rules, to represent himself in the pending proceedings.”
Id. at 3.
While the Court will not order RJD to provide Plaintiff with specific legal
materials at this time, Plaintiff, like all inmates, is entitled to meaningful access to
the courts. 	See Bounds v. Smith, 430 U.S. 817, 828 (1977) overruled on other
grounds by Lewis v. Casey, 518 U.S. 343 (1996). This right to access the courts
includes cases, such as this one, proceeding pursuant to 42 U.S.C. §1983. 	See
Lewis, 518 U.S. at 353-55. “Inmates must be provided with a ‘reasonable amount
of 	time 	in 	the 	law 	library, 	in 	addition 	to 	writing 	materials 	and 	postage 	for
communication with courts.” 	Vernon v. Larios, No. 23CV787-JO (MSB), 2023 WL
4412167, at *3 (S.D. Cal., July 7, 2023); see also Gluth v. Kangas, 951 F.2d 1504,
1510 (9th Cir. 1991) (“While the Constitution does not require any particular
number of pens or sheets of paper, it does require some.”).
IT IS SO ORDERED.
Dated: March 20, 2026
Hon. David D. Leshner
United States Magistrate Judge
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