Williams v. Wasco State Prison et al

Filing 70

ORDER Setting Evidentiary Hearing signed by Magistrate Judge Michael J. Seng on 03/21/2017. Evidentiary Hearing set for 6/23/2017 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,

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Plaintiff,

CASE NO. 1:14-cv-01714-DAD-MJS (PC)
ORDER SETTING EVIDENTIARY
HEARING

v.
WASCO STATE PRISON, et al.,

Date: June 23, 2017
Time: 10:30 a.m., Courtroom 6 (MJS)

Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought

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pursuant to 42 U.S.C. § 1983. The action proceeds against Defendants Salvatore and

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John Doe 1 on Plaintiff’s Eighth Amendment medical indifference claim.

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Defendants filed a motion for summary judgment based on Plaintiff’s failure to

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exhaust administrative remedies. (ECF No. 43.) On March 17, 2017, the District Court

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adopted the Magistrate Judge’s Findings and Recommendations to deny the motion.

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(ECF No. 69.) The matter was referred back to the Magistrate Judge for further

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proceedings on the issue of exhaustion.

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Accordingly, the Court HEREBY SETS an evidentiary hearing before the

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Honorable Michael J. Seng, United States Magistrate Judge, to decide the disputed

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issues of fact relating to the exhaustion of Plaintiff’s claims. The hearing will be held on

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June 23, 2017, at 10:30 a.m., in Courtroom 6, Seventh Floor of the United States District

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Court in Fresno, California. The hearing will commence and be completed that day, and

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will be limited to the issue of whether Plaintiff is excused from the Prison Litigation

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Reform Act’s exhaustion requirement because administrative remedies were “effectively

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unavailable.”

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More specifically, the parties should be prepared to present evidence as to the
following:


about Defendants’ alleged misconduct on April 5 and 6, 2014;

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

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Whether Plaintiff submitted an inmate appeal on May 5, 2014 complaining

Whether prison officials failed to respond to or otherwise process Plaintiff’s
May 5, 2014 appeal;



Whether on June 30 and/or July 13, 2014, Plaintiff submitted a CDCR

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Form 22 requesting the names of the officers working on April 5 and 6,

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2014 so that he could list them on his “previously submitted” appeal;

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

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Whether prison officials failed to respond to or otherwise process Plaintiff’s
CDCR Forms 22;



Whether Plaintiff submitted an inmate appeal on April 15, 2016

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complaining about prison officials’ failure to respond to the May 5, 2014

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appeal; and

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

Whether Plaintiff had a reasonable, good faith belief that the administrative
appeals process was effectively unavailable to him.

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In preparation for the hearing, it is HEREBY ORDERED that, no later than May

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26, 2017, the parties shall confer regarding the witnesses to be called and evidence to

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be presented at the hearing. No later than June 9, 2017, defense counsel shall file a

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statement setting forth the witnesses to be called and documents to be presented at the

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hearing. Defense counsel shall provide a courtesy copy of all exhibits to be used at the

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hearing to Judge Seng’s chambers no later than June 9, 2017.

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IT IS SO ORDERED.
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Dated:

March 21, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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