Billups v. Lomeli

Filing 67

ORDER signed by District Judge David C. Bury on 7/8/2010 ordering Defendant to file a supplemental brief. ( Filing Deadline: 7/23/2010).(Lundstrom, T)

(PC) Billups v. Lomeli

Doc. 67

1 2 3 4 5 6 7 Derrick Lee Billups, 8 9 10 11 12 13
After a review of the pending motions for summary judgment, the ) ) CV-06-1014-DCB P Plaintiff, ) ) vs. ) ) ORDER Sergeant Lomeli, et al., ) ) Defendants. ) _ _ _ _ _ _ __ _ _ _ __ ____ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ ) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

14 Court cannot locate what it deems to be potentially an important piece 15 of evidence, if it exists: any written statement or report authored by, 16 or under the direction of, Officer Lomeli before, during or after the 17 safety counseling session on June 12, 2005 with Plaintiff and his 18 cellmate, 19 discussed
Mr. in Brownlee, the session memorializing concerning and/or reflecting safety what and was what

Plaintiff's

20 conclusions were reached, if any. 21 22
To that end, IT IS ORDERED that Defendant should file with the Court a

23 supplemental brief that attaches any and all formal or informal written 24 statements and/or internal reports authored by Office Lomeli, or any 25 agent under his control, which reflect the communications by all parties 26 to the June 12, 2005 safety counseling meetings involving Plaintiff, his 27 cellmate, and Officer Lomeli, and any results or recommendations stemming 28
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1 from that counseling session. In addition, any formal or informal rules 2 and regulations that address: (1) this type of safety concerns counseling 3 session/inmate contact concerning safety issues and (2) procedures for 4 fo r mally or informally reporting or documenting safety counseling 5 sessions/contact with inmates, should also be produced as part of the 6 supplemental brief. 7
IT IS FURTHER ORDERED that Defendant should produce in a

8 supplemental brief any documents explaining or detailing the basis for 9 the May 25, 2005 Memorandum from Warden Ornoski to Plaintiff identifying 10 Plaintiff as involved in an "enemy situation" with several Black inmates 11 and documenting whether or not this incident is related in any way to the 12 safety concerns expressed by Plaintiff on June 12, 2005. 13
IT IS FURTHER ORDERED that Defendant should file with the Court a

14 supplemental brief, thoroughly addressing and documenting the above 15 issues, on or before July 23, 2010. 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED this 8th day of July, 2010.