Marques Butler v. Brazelton et al
ORDER Setting Evidentiary Hearing 17 , signed by Magistrate Judge Erica P. Grosjean on 4/21/17:Evidentiary Hearing set for 6/16/2017 at 12:30 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER SETTING EVIDENTIARY
(ECF NO. 17)
R. BOOZER, et al.,
On April 19, 2017, the Court held a hearing on Defendants’ motion for summary
judgment for failure to exhaust administrative remedies. Plaintiff Marques Butler telephonically
appeared on his own behalf. Counsel Gabrielle DeSantis-Nield telephonically appeared on behalf
of defendant S. Espino.
defendants except defendant S. Espino. After hearing arguments, as well as reviewing the briefs
and the evidence, the Court has determined that there is a dispute of fact and that an Albino
evidentiary hearing is necessary. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014).
Counsel Cassandra Shryock personally appeared on behalf of all
As discussed at the hearing, the parties should be prepared to present evidence regarding
what occurred during Plaintiff’s interview that led to the cancelation of Plaintiff’s appeal (appeal
log no. PVSP-12-02350).
regarding Plaintiff’s appeal of the cancellation of the appeal with appeal log no. PVSP-12-02350.
Additionally, the parties should be prepared to put on evidence
The parties do not need to present evidence regarding the following factual allegations,
which the Court regards as undisputed: 1) That the California Department of Corrections and
Rehabilitation (“CDCR”) has an administrative appeals system for prisoners’ complaints,
described in the California Code of Regulations, Title 15, Section 3084, et seq.; 2) That California
Code of Regulations, Title 15, section 3084.1(a) provides that any inmate may appeal any
departmental decision, action, condition, or policy which they can demonstrate as having an
adverse effect upon their welfare; 3) That there are three levels of review required for inmates to
complete in order to exhaust administrative remedies; 4) That grievances classified as “staff
complaints” bypass the first level of review and are initially reviewed at the second level; and 5)
That a final review and decision by the Chief of the Office of Appeals, also known as the “third
level” or Director’s level of appeal, exhausts the inmate’s administrative remedies.
In accordance with the above, IT IS HEREBY ORDERED that an Albino evidentiary
hearing is set before Magistrate Judge Erica P. Grosjean on June 16, 2017, at 12:30 p.m., at the
Robert E. Coyle Federal Courthouse, 2500 Tulare Street, Fresno, CA 93721, in Courtroom #10.
IT IS SO ORDERED.
April 21, 2017
UNITED STATES MAGISTRATE JUDGE
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