Brush v. Woodford et al

Filing 191

ORDER to SHOW CAUSE;ORDERED that Transportation Writs shall be issued for Plaintiff and Inmates: Jason Reeder, CDC:H-73687; Andres Serrano, CDC:J-27946 and Manual Vaifanua, CDC: J-22618, to be transported for the hearing, signed by Magistrate Judge D ennis L. Beck on 09/27/2011. Show Cause Hearing set for 10/19/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Brief on Order to Show Cause due (10-Day Deadline) (Copy of this order faxed to: Pleasant Valley State Prison - Litigation Coordinator at 559-935-4904.(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GARY H. BRUSH,

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CASE NO. 1:07-cv-01009-DLB PC
Plaintiff,

ORDER SETTING ORDER TO SHOW CAUSE
HEARING FOR OCTOBER 19, 2011

v.
J. WOODFORD, et al.,

TEN DAY DEADLINE

Defendants.
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Plaintiff Gary H. Brush (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. Following resolution of Defendants’ motion

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to dismiss and motion for summary judgment, this action is now proceeding on Plaintiff’s first

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amended complaint, filed June 30, 2008, against Defendants J. Harper, Lee, Jasso, King, and

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Catalano for deliberate indifference in violation of the Eighth Amendment; Rangel, Gonzales, Cano,

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and N. Greene for excessive force on September 14, 2006, in violation of the Eighth Amendment;

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and J. Harper, Rangel, Gonzales, Cano, and N. Greene for retaliation in violation of the First

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Amendment. On September 16, 2011, the Court received a letter from inmate Vaifanua stating that

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he did not prepare an affidavit for this action and did not witness any of the events that occurred. On

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September 19, 2011, the Court received a letter from inmate Reeder stating that he does not have any

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recollection of ever being housed at the same institution as Plaintiff and has no knowledge of the

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incidents in this action.

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Federal courts have broad powers to impose sanctions against parties or counsel for improper

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conduct in litigation. The Court derives the power to impose sanctions on parties or their counsel
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from three primary sources of authority, “(1) Federal Rule of Civil Procedure 11, which applies to

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signed writings filed with the court, (2) 28 U.S.C. § 1927, which is aimed at penalizing conduct that

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unreasonably and vexatiously multiplies the proceedings, and (3) the court's inherent power.” Fink

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v. Gomez, 239 F.3d 989, 991 (9th Cir. 2001). Under Rule 11(c)(3) the Court may, on its own

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motion, order a hearing to show cause why conduct by a party has not violated Rule 11.

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Accordingly, it is HEREBY ORDERED that:

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1.

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October 19, 2011, at 9:00 a.m. in Courtroom 9;
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3.

The Clerks Office shall fax a copy of this order to the Litigation Coordinator at
Pleasant Valley State Prison;

4.

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Plaintiff and defense counsel shall make a personal appearance for the hearing on
October 19, 2011;

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An order to show cause hearing is set before the Honorable Dennis L. Beck on

The parties may submit a brief on the order to show cause hearing within ten days
from the date of service of this order; and

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Transportation writs shall issue for Plaintiff and Inmates Jason Reeder, CDC # H-

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73687; Andres Serrano, CDC # J-27946; and Manual Vaifanua, CDC # J-22618, to

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be transported for the hearing.

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IT IS SO ORDERED.
Dated:
9b0hie

September 27, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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