Uribe v. McKesson et al

Filing 161

ORDER signed by Magistrate Judge Sandra M. Snyder on 8/24/2011 directing Clerk to serve a courtesy copy of letter on defense counsel and file letter under seal. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CESAR URIBE,

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Plaintiff,

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CASE NO. 1:08-cv-01285-SMS PC
ORDER DIRECTING THE CLERK OF THE
COURT TO SERVE A COURTESY COPY OF
LETTER ON DEFENSE COUNSEL AND FILE
LETTER UNDER SEAL

v.
J. McKESSON, et al.,

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Defendants.
/

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Plaintiff Cesar Uribe (“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. An order to show cause hearing is scheduled

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for August 31, 2011, and writs have been issued to transport Plaintiff and Inmate Quiroz to court for

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the hearing. On August 15, 2011, the Court received a confidential letter from Inmate Quiroz

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expressing some concerns which shall be addressed in this order.

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The Court is aware of the safety and security concerns due to inmates testifying in court

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proceedings. Due to the concerns expressed, the Court has contacted the Litigation Coordinator at

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the institution where Inmate Quiroz is currently housed. Plaintiff and his witnesses are listed on

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Inmate Quiroz’s enemy list and will not be housed in the same facility if they are at the same

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institution.

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Inmate Quiroz should only be needed to testify on August 31, 2011, and will be brought

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directly to court and returned to the facility on the same day. Therefore, the court appearance should

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not effect Inmate Uribe’s current status at the institution where he is housed.

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Accordingly, it is HEREBY ORDERED that:

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1.

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The Clerk of the Court shall serve a courtesy copy of the letter received August 15,
2011, on the Deputy Attorney General;

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2.

The Deputy Attorney General shall keep the letter from Inmate Quiroz confidential;

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3.

The Clerk of the Court is DIRECTED to file under seal the letter received August 15,

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2011; and

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4.

The Clerk of the Court is DIRECTED to serve a copy of this order on Inmate Quiroz.

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IT IS SO ORDERED.
Dated:
icido3

August 24, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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