ALAN C. TORGERSON, Magistrate Judge
THIS MATTER comes before the Court on Plaintiff's renewed request for a Martinez report. Plaintiff, who is incarcerated and proceeding pro se, filed a civil rights complaint alleging retaliation, cruel and unusual punishment, and denial of due process. Plaintiff's complaint contained specific incidents of conduct and conditions which he alleged were evidence of retaliation and cruel and unusual punishment in violation of his First and Eighth Amendment rights.
The Court issued an Order dismissing certain of Plaintiff's claims for failure to state a claim upon which relief can be granted. Plaintiff's claim of due process relating to his classification and transfer was dismissed. His claim of denial of access to the courts because Defendants failed to provide him with legal assistance was dismissed. His claims of the denial of free process, violation of the state open meetings act and the destruction of his property were also dismissed. In a subsequent Order addressing the Plaintiff's objections, the Court also dismissed the Plaintiff's claims arising from the denial of newspapers and claims concerning visitation rights.
The Defendants have filed motions to dismiss the remainder of the Plaintiff's claims or in the alternative have asked the Court to grant summary judgment. Plaintiff has responded with his own motions and pleadings. The Court finds that additional information would be helpful in evaluating Plaintiff's claims and in addressing the pending motions.
The Court may order the defendants in a case brought by a prisoner proceeding pro se to submit a special report to investigate the incidents which form the basis of the plaintiff's lawsuit. Martinez v. Aaron, 570 F.2d 317, 320 (10th Cir. 1978). The Tenth Circuit has authorized the district court to require a Martinez report in order to help the court determine whether the Plaintiff has a meritorious claim. See Gee v. Estes, 829 F.2d 1005, 1007 (10th Cir. 1987). A Martinez report may be used in a variety of procedural situations including a motion for summary judgment. If a Martinez report is used for summary judgment purposes, however, the pro se plaintiff must be provided an opportunity to present conflicting evidence to controvert the facts set out in the report.
To aid the Court in addressing Plaintiff's remaining claims, the Defendants will prepare a Martinez report which addresses the following matters:
1. The prison regulations in effect on January 9, 2001 regarding the possession of legal documents and papers relating to or belong to other inmates, including CD 090101 II N.
2. The misconduct reports served upon the Plaintiff on January 10, 2001.
3. Records of the disciplinary hearing against Plaintiff conducted by Defendant Theresa Marquez on or about January 12, 2001 and the decision rendered.
4. Plaintiff's medical records from January 12, 2001 to December 31, 2002 including all sick call requests and all sick call visits.
5. Records of the misconduct charged against Plaintiff on or about February 6, 2001 involving the possession of food.
6. Copies of all grievances filed by Plaintiff from January 1, 2001 to the present as well as the responses and any subsequent action, including any appeals, for each grievance.
7. The letter dated around December 17, 2001 from George Tapia to the Plaintiff.
8. The letter dated around January 15, 2002 from John Shanks and/or Jerry Tafoya to the Plaintiff.
9. The letter dated around February 8, 2002 from Philip Maes to the Plaintiff.
10. The policies in place at PNM North concerning wake and sleep procedures during the time Plaintiff was incarcerated there as well as the policies concerning exercise.
11. The records concerning Plaintiff's clothing and bedding for the first month during which Plaintiff was incarcerated at PNM North.
12. All reports concerning water flooding and/or sewage flooding in the cells on PNM North while Plaintiff was incarcerated at PNM North. All reports concerning the turning off of water to cells on PNM North while Plaintiff was incarcerated at PNM North.
13. Reports or records which show the amount and type of food served to Plaintiff and others at PNM North while Plaintiff was incarcerated at PNM North.
14. The segregation log from LCCF for January 9, 2004.
Defendants' Martinez report will address each point in numbered paragraphs. The Defendants may submit affidavits in support of the report if necessary.
The report will be filed on or before June 1, 2004. The Defendants will serve a copy of the report on the Plaintiff who will have twenty (20) days from the date of service to respond. Motions for extensions of time will be given due consideration. The parties are hereby given notice the report may be used in deciding whether to grant summary judgment on Plaintiff's claims. Therefore, the parties should submit whatever material they consider relevant to the Plaintiff claims. See Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991).
IT IS SO ORDERED.