Gonzalez v. Razo et al
REQUEST for the Warden of R.J. Donovan Correctional Facility to Confirm That Plaintiff is Receiving Mail and Has Access to the Courts and His Counsel; ORDER DIRECTING Clerk to Send a Copy of This Order to Deputy Attorney General Monica Anderson and the Warden of R.J. Donovan Correctional Facility, signed by Magistrate Judge Erica P. Grosjean on 3/29/17: 21-Day Deadline. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MANUEL ANTONIO GONZALEZ,
J. RAZO, et al.,
REQUEST FOR THE WARDEN OF
R.J. DONOVAN CORRECTIONAL
FACILITY TO CONFIRM THAT
PLAINTIFF IS RECEIVING MAIL
AND HAS ACCESS TO THE COURTS
AND HIS COUNSEL
ORDER DIRECTING CLERK TO
SEND A COPY OF THIS ORDER TO
DEPUTY ATTORNEY GENERAL
MONICA ANDERSON AND THE
WARDEN OF R.J. DONOVAN
Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner (prison number T42888), and
is the plaintiff in this civil rights action filed pursuant to 42 U.S.C. § 1983, which includes
attendant state law claims.
On March 29, 2017, the Court held a telephonic status conference.
Plaintiff’s counsel were directed to appear. (ECF No. 45). Plaintiff was served with a copy of
the order directing him to appear on March 14, 2017. The order was addressed to Manuel
Antonio Gonzalez, T-42888, at R.J. DONOVAN CORRECTIONAL FACILITY (480), 480
Alta Road, San Diego, CA 92179. Plaintiff did not appear as ordered.1
Furthermore, at the hearing, Plaintiff’s counsel stated that he was having difficulties
communicating with his client. He indicated he was not receiving responses to his mail to
Plaintiff, and that he could not communicate directly with Plaintiff.
requested a Court order requiring weekly telephonic conferences or other form of regular
access to Plaintiff. The Court invited Plaintiff’s counsel to file a formal request for the same,
Plaintiff’s counsel did appear, as discussed below. But as the issue before the Court concerned
Plaintiff’s filing without coordination with counsel, his counsel’s appearance did not excuse Plaintiff’s own.
which the Court would consider in due course.
Given these issues, and the fact that Plaintiff did not appear at the conference despite
the Court’s order that he do so, the Court will request that the Warden of R.J. Donovan
Correctional Facility file a response, confirming that Plaintiff is receiving his legal mail and has
access to his counsel and the Court. If Plaintiff is receiving his legal mail, the Warden should
also explain why Plaintiff was not present at the conference.
Accordingly, based on the foregoing, the Court requests that, within twenty-one (21)
days from the date of service of this order, the Warden of R.J. Donovan Correctional Facility
file a response, confirming that Plaintiff is receiving his legal mail and has access to his counsel
and the Court. If Plaintiff is receiving his legal mail, the Warden should also explain why
Plaintiff was not present at the conference.
Additionally, IT IS ORDERED that the Clerk of Court is directed to serve Supervising
Deputy Attorney General Monica Anderson and the Warden of R.J. Donovan Correctional
Facility with a copy of this order.
IT IS SO ORDERED.
March 29, 2017
UNITED STATES MAGISTRATE JUDGE
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