Mitchell v. DaViga, et al.

Filing 178

ORDER DIRECTING Warden to Facilitate Telephone Call signed by District Judge Dale A. Drozd on 11/13/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY MITCHELL,

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Plaintiff,

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No. 1:13-cv-01324-DAD-EPG

v.

ORDER DIRECTING WARDEN TO
FACILITATE TELEPHONE CALL

CHAVEZ and SGT. SHELDON,

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Defendants.

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Plaintiff is a state prisoner represented by court appointed counsel Justin L. Thomas,

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Daniel O. Jamison, and Micah K. Nilsson, and is proceeding with a civil rights action pursuant to

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42 U.S.C. § 1983. Communication between Mr. Thomas and his client is required to further

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advance this case through the litigation process. By this order, the court directs the Warden and

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the correctional staff at California Correctional Institution (CCI), to facilitate a confidential

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telephone call between appointed counsel Mr. Thomas and inmate Corey Mitchell (F-23331).
Given the foregoing:

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1.

The Warden, Litigation Coordinator, and other correctional staff as needed at CCI,

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shall facilitate a confidential telephone call between Corey Mitchell and appointed

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counsel.

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2.

The confidential telephone call shall be placed on Wednesday, November 15, 2017,
to begin at 10:00 a.m. and shall continue, without interruption, for a maximum of 60
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minutes or until completed, whichever is earlier. Correctional staff shall initiate the

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phone call by calling Mr. Thomas at [phone].

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3.

The telephone conversation shall be a confidential communication between appointed

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counsel and client and conducted so as not to be overheard by correctional staff or

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others. Correctional staff, however, may keep inmate Mitchell under visual

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surveillance during the conversation.

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4.

Failure to comply with this order may result in an order requiring the Warden of CCI,

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or others responsible for the failure to comply, to appear before the court to show

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cause why sanctions should not be imposed against them.

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5.

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The Clerk of the Court is directed to serve this order by facsimile [phone] and
email on the Warden and Litigation Coordinator at CCI.

IT IS SO ORDERED.
Dated:

November 13, 2017
UNITED STATES DISTRICT JUDGE

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