Caruso v. Johnson et al

Filing 62

REQUEST for the Warden of California Institution for Women to Respond to Plaintiff's Allegations Regarding Destruction of Her Documents; ORDER Directing Clerk to Send a Copy of this Order, a Copy of Plaintiff's Request for Appointment of Co unsel 57 , and a Copy of Plaintiff's Request for the Re-Issuance of a Subpoena 60 , to Senior Assistant Attorney General Monica Anderson, the Warden of California Institution for Women, and the Litigation Coordinator at California Institution for Women, signed by Magistrate Judge Erica P. Grosjean on 2/27/2018: 21-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GINA CARUSO,

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Plaintiff,
v.
OFFICER G. SOLORIO, et al.,
Defendants.

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REQUEST FOR THE WARDEN OF
CALIFORNIA INSTITUTION FOR
WOMEN TO RESPOND TO
PLAINTIFF’S ALLEGATIONS
REGARDING DESTRUCTION OF
HER DOCUMENTS
ORDER DIRECTING CLERK TO
SEND A COPY OF THIS ORDER, A
COPY OF PLAINTIFF’S REQUEST
FOR APPOINTMENT OF COUNSEL
(ECF NO. 57), AND A COPY OF
PLAINTIFF’S REQUEST FOR THE
RE-ISSUANCE OF A SUBPOENA
(ECF NO. 60), TO SENIOR
ASSISTANT ATTORNEY GENERAL
MONICA ANDERSON, THE
WARDEN OF CALIFORNIA
INSTITUTION FOR WOMEN, AND
THE LITIGATION COORDINATOR
AT CALIFORNIA INSTITUTION FOR
WOMEN

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Case No. 1:15-cv-00780-AWI-EPG (PC)

Gina Caruso (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.
On February 23, 2018, Plaintiff filed two motions that appear to allege destruction of

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documents that are relevant to this case.

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searched on January 31, 2018, the subpoenas issued by this Court were no longer in her cell.

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(ECF No. 60, p. 1). She further alleges that numerous documents connected to her lawsuit have

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been removed from her cell during the course of this suit. (Id.).

In one, Plaintiff alleges that, after her cell was

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In another motion, Plaintiff alleges that all original copies of the incident report she

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received after the incidents alleged in the complaint, as well as all witnesses statements, were
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removed from her property when she was placed into administrative segregation. (ECF No. 57,

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p. 2).

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The Court takes allegations of destruction of evidence and destruction of legal property

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seriously. Therefore, the Court will request that the Warden of California Institution for

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Women conduct an investigation and file a response to Plaintiff’s allegations that documents

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relevant to this case have been taken from her.

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Accordingly, based on the foregoing, the Court requests that, within twenty-one (21)

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days from the date of service of this order, the Warden of California Institution for Women file

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a response.

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Additionally, IT IS ORDERED that the Clerk of Court is directed to serve Supervising

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Deputy Attorney General Monica Anderson, the Warden of California Institution for Women,

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and the Litigation Coordinator at California Institution for Women, with a copy of this order, a

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copy of Plaintiff’s request for appointment of counsel (ECF No. 57), and a copy of Plaintiff’s

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request for the re-issuance of a subpoena (ECF No. 60).

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IT IS SO ORDERED.
Dated:

February 27, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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