United States District Court, D. South Dakota, Southern Division
ORDER GRANTING MOTION IN PART AND DENYING MOTION IN
Lawrence L. Piersol, United States District Judge
Chad DuBois, filed this pro se civil rights lawsuit pursuant
to 42 U.S.C. § 1983. DuBois is currently incarcerated at
the South Dakota State Penitentiary in Sioux Falls. DuBois
now moves the court to resend the documents filed in his
case, appoint him counsel, order access to his medical diary,
and grant him an extension. For the following reasons,
DuBois' motion is granted in part and denied in part.
to DuBois' motion, he had spinal surgery on April 12,
2016. Docket 46 at ¶ 1. Defendants allege that he was
housed in the prison infirmary until April 20, 2016, when he
was returned to his cell. Docket 47 at 2. DuBois explains
that his legal documents were stored in two tote bags that he
kept in his cell. Docket 46 at ¶ 4. He had one tote for
his criminal case and one for his § 1983 claim.
Department of Corrections policy 1.3.C.4:
When an inmate is temporarily removed from an assigned cell
for medical care . . . staff shall ensure the inmate's
property is promptly removed from the inmate's cell,
packed, inventoried and stored in an approved, secure
location. Allowable personal property shall be re-issued to
the inmate upon their return.
alleges that the guards packed up the documents in his
criminal case but not the documents for his § 1983 claim
because when he returned to his cell, the tote containing his
§ 1983 documents was gone. Docket 46 at ¶ 4.
Defendants allege that his property was inventoried and
packed on April 17, 2016. Docket 47 at 2. They also allege
that prison staff did not know DuBois had two totes.
to defendants, DuBois waited until May 12, 2016, to complain
to prison staff that his legal documents were missing.
Id. When a Unit Manager from the prison spoke with
DuBois about the missing documents, DuBois allegedly claimed
that he believed another inmate took the container his
documents were stored in and threw the documents away.
Id. at 3. Defendants allege that prison staff
searched for the documents but could not find them.
also alleges that he is having issues filing motions because
he cannot access legal resources. Because DuBois is in the
community transitional program, he is not allowed to go to
the prison library. Docket 46 at ¶ 5. He can only check
out legal materials that he already knows the name of, and
those materials can only be checked out on weekends.
Id. DuBois does not know the name of the book he
needs to file his motions. Id.
DuBois alleges that he has a diary consisting of all of the
visits he made to health services at the prison. Id.
at ¶ 6. He alleges that the prison is preventing him
from receiving the diary because it is too many pages.
Id. He believes it is important to his case because
he logged visits to health services that are not in his
medical record. Id. Defendants dispute the
legitimacy and accuracy of this diary. Docket 47 at 4.
Court construes DuBois' motion as requesting the Court to
re-send copies of documents filed in this case, grant a 30
day extension, order defendants to allow him his medical
diary, and appoint an attorney.