Ransom v. Herrera et al

Filing 199

ORDER GRANTING Plaintiff's Motion for Reconsideration 181 , signed by Magistrate Judge Erica P. Grosjean on 8/15/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LEONARD RANSOM, JR.,

Plaintiff, ORDER GRANTING PLAINTIFF’S
MOTION FOR RECONSIDERATION

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Case No. 1:11-cv-01709-LJO-EPG (PC)

v.
(ECF NO. 181)

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DANNY HERRERA and RICKY
BRANNUM,
Defendants.

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Leonard Ransom, Jr. (“Plaintiff”), is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983.
On July 9, 2018, Plaintiff filed a motion for reconsideration of the Court’s order dated May

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3, 2018 (ECF No. 151), which limited the requests in his subpoena directed at the California

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Department of Corrections and Rehabilitation (“CDCR”). (ECF No. 181). Plaintiff argues that it

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was an error for the Court to order the CDCR to produce photographs or videotapes sufficient to

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establish the approximate measurements and appearance of administrative segregation cells

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during the relevant time period because the cells Plaintiff was housed in were different than

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ordinary cells. One of the cells he was housed in was on the top tier, in violation of a medical

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chrono, and the other had no bed, no lockers, no desk, and no stool.

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As Plaintiff has alleged that his cells were different (and worse) than the ordinary cell(s) he
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received photographs of, as Plaintiff’s request appears to be relevant, and as the burden of

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producing the requested photographs or videotapes does not appear to be high, the Court will

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grant Plaintiff’s motion for reconsideration.

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Accordingly, IT IS HEREBY ORDERED that:
1. The California Department of Corrections and Rehabilitation (“CDCR”) has thirty

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days from the date of service of this order to conduct a reasonable investigation in to

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whether it has photographs and/or videotapes in its possession, custody, or control,

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of cells 4A-8A-102, 4A-8A-103, and 4A-6A-203 at California Correctional

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Institution, from the period of March 29, 2011, through November 1, 2011. If it

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does, it shall promptly provide them to Plaintiff.

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2. If there are no photographs or videotapes of the cells available from this period, then

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CDCR shall produce whatever photographs or videos of those cells are available

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closest in time, or which depict the current appearance of those cells.

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IT IS SO ORDERED.
Dated:

August 15, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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