Gonzalez v. Razo et al
ORDER DENYING Plaintiff's 74 Motion for Sanctions, signed by Magistrate Judge Erica P. Grosjean on 7/12/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MANUEL ANTONIO GONZALEZ,
ORDER DENYING PLAINTIFF’S
MOTION FOR SANCTIONS
(ECF NO. 74)
J. RAZO, et al.,
Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner, and is the plaintiff in this
civil rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant state law claims.
Plaintiff is represented by attorney Stanley Goff.
On July 11, 2017, Plaintiff filed a “notification to court of institution not complying
with federal court order attorney-client telefonic [sic] appearance 7/6/2017; 1:00 p.m.” (“the
incarcerated refused to comply with a court order allowing a telephone call between Plaintiff
and his attorney on July 6, 2017. Plaintiff asks for a court order instructing the litigation
coordinator and the warden to comply with court orders and sanctions for violating court
(ECF No. 74).
According to Plaintiff, staff at the prison where Plaintiff is
The Motion will be denied because this Court has not ordered staff at R.J. Donovan
Correctional Facility to facilitate a telephone call between Plaintiff and his attorney on July 6,
2017. The Court did order staff at R.J. Donovan to facilitate a confidential telephone call on
June 29, 2017 (ECF No. 72), but Plaintiff does not mention this call or claim that it failed to
take place as ordered.
Because there is no court order directing staff at R.J. Donovan to facilitate a telephone
call on July 6, 2017, the Motion will be denied.
The Court takes allegations that a prison has ignored its orders very seriously, especially
when they concern access to counsel and the courts. If there was an issue with the telephone
call that was to take place on June 29, 2017, Plaintiff may file another motion.
Accordingly, based on the foregoing, IT IS ORDERED that:
1. The Motion is DENIED; and
2. The Clerk of Court is directed to serve a copy of this order and a copy of the
order granting in part the motion for facilitated confidential attorney/client
phone calls (ECF No. 72) on Manuel Gonzalez.
IT IS SO ORDERED.
July 12, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?