Gamez v. Gonzalez, et al.

Filing 46

ORDER Denying 39 41 Motions to Compel; ORDER Denying 40 Motion for Appointment of Counsel; and ORDER Setting Status Conference signed by Magistrate Judge Peter Lewis on 08/18/2010. Response to Production of Documents due by 9/13/2010. (Flores, E)

(PC) Gamez v. Gonzalez, et al.

Doc. 46

1 2 3 4 5 6 7 8 9 10 11 12 13 14 v. F. GONZALEZ, et al., UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SERGIO ALEJANDRO GÁMEZ, Case No. 08cv1113 MJL (PCL) ORDER DENYING MOTIONS Plaintiff, TO COMPEL; ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL; and Defendants. ORDER SETTING STATUS CONFERENCE Pursuant to the Court's Order of August 10, 2010 (Doc. No. 44), a Motion Hearing was

15 held on August 11, 2010. The parties appeared telephonically before The Honorable Peter C. 16 Lewis, United States Magistrate Judge. After hearing argument on Plaintiff's Motion to Compel 17 Discovery (Doc. Nos. 39; 41) and Motion to Appoint Counsel (Doc. No. 40) and being advised 18 of the status of the case, the Court ORDERS: 19 20 Plaintiff's Motion for Appointment of Counsel (Doc. No. 40) is DENIED; Plaintiff's Motion to Compel Discovery (Doc. No 39) and Motion to Compel Discovery

21 (Doc. No. 41) are hereby DENIED; 22 23 24 25 26 27 28 (2) Defendants are ORDERED to produce the following documents for in camera review: (1) All documents reviewed in conjunction with every Gang Validation Review of Plaintiff from 2004 to the present date including, but not limited to: CDC 128-B Reports, Confidential Debriefing Reports, and Confidential Interview Reports; California Code of Regulations, Title 15, Sections 3000-3002, 3023, 3130, 3133, 3084, 3269, 3310, 3312-3313, 3315-3316, 3320-3321, 3341, 3375, 3376, 33783379, 3382, and 3402 corresponding to the year of Plaintiff's last Gang Validation Review;

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(3)

Department Operations Manual, Chapter 5, Article 22, Section 52070 corresponding to the year of Plaintiff's last Gang Validation Review;

(4)

Relevant section(s) from the current California Department of Corrections' Classification Manual "that details the criteria for allowing a gang member or associate to be housed in the general population;" and

(5)

Any administrative bulletin, memorandum or notice issued to California Department of Corrections staff regarding Castillo v. Terhune, et al., USDC N.D. Case No. C94-2847 MJJ;

The documents ordered for production to the Court must be produced no later than

10 September 13, 2010, but the Court may consider an application to extend time for good cause 11 shown. 12 The parties are ORDERED to appear for a telephonic Status Conference on September

13 15, 2010 at 2:00 p.m. Defense counsel shall initiate the conference call to the Chambers' 14 Conference Line at [phone]. 15 IT IS SO ORDERED.

16 DATE: August 18, 2010 17 18 19 20 cc: 21 22 23 24 25 26 27 28
08cv1113 MJL (PCL)

Peter C. Lewis U.S. Magistrate Judge United States District Court
The Honorable M. James Lorenz All Parties and Counsel of Record

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