Jackson v. Robinson CA5

Filed 3/20/13 Jackson v. Robinson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

FATEEN L. JACKSON, F064018 Plaintiff and Appellant, (Super. Ct. No. S-1500-CV-268716) v.

M. ROBINSON et al., OPINION

Defendants and Respondents.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. William D. Palmer, Judge. Fateen Jackson, in pro. per., for Plaintiff and Appellant. Kamala D. Harris, Attorney General, Jonathan L. Wolff, Assistant Attorney General, Thomas S. Patterson and Kenneth T. Roost, Deputy Attorneys General, for Defendants and Respondents. -ooOoo-

*Before Wiseman, Acting P.J., Levy, J., and Cornell, J.

Plaintiff Fateen L. Jackson is serving a sentence in state prison. He sued a prison guard and several prison officials after the guard confiscated his CD player/clock radio because it had a metal base that could have been used to make a weapon. The trial court granted defendants’ motion for summary judgment and entered judgment in their favor. Jackson now argues that the court erred in granting summary judgment for several reasons, all related to an alleged inability to complete necessary discovery before the summary judgment motion was heard: Defendants failed to respond to his discovery requests in a manner he considered satisfactory; the court refused to continue the summary judgment hearing to allow Jackson to complete additional discovery; and the court refused to file Jackson’s motion to compel discovery because of formal defects. Jackson also argues that the court erred in denying his motion for reconsideration of the summary judgment motion. Jackson’s contentions are without merit and we will affirm the judgment. FACTUAL AND PROCEDURAL HISTORIES Jackson filed his complaint in superior court on October 30, 2009. The complaint alleged that, in 2001, when Jackson was housed at California State Prison-Los Angeles County, he bought a clock radio with a CD player, which he was allowed to use in his cell. Jackson was moved to California Correctional Institution-Tehachapi in 2004. On August 11, 2006, a correctional officer identified as defendant M. Robinson confiscated the device because it had a metal plate attached to the underside. Jackson submitted an administrative appeal form, in which he requested that the metal plate be removed and the CD player returned to him without it. In what is referred to as the “informal level” of response, the reviewing staff member rejected this request, writing that the plate was secured by 11 screws and that its removal would cause internal components to fall out. The staff member also wrote that the device no longer conformed to regulations because of its size and because its outer housing was not made of clear plastic.