Gonzalez v. Razo et al

Filing 75

ORDER DENYING Plaintiff's 74 Motion for Sanctions, signed by Magistrate Judge Erica P. Grosjean on 7/12/17. (Marrujo, C)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 MANUEL ANTONIO GONZALEZ, 7 Plaintiff, 8 9 1:15-cv-01098-DAD-EPG (PC) ORDER DENYING PLAINTIFF’S MOTION FOR SANCTIONS v. (ECF NO. 74) J. RAZO, et al., 10 Defendants. 11 12 13 Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner, and is the plaintiff in this 14 civil rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant state law claims. 15 Plaintiff is represented by attorney Stanley Goff. 16 On July 11, 2017, Plaintiff filed a “notification to court of institution not complying 17 with federal court order attorney-client telefonic [sic] appearance 7/6/2017; 1:00 p.m.” (“the 18 Motion). 19 incarcerated refused to comply with a court order allowing a telephone call between Plaintiff 20 and his attorney on July 6, 2017. Plaintiff asks for a court order instructing the litigation 21 coordinator and the warden to comply with court orders and sanctions for violating court 22 orders. (ECF No. 74). According to Plaintiff, staff at the prison where Plaintiff is 23 The Motion will be denied because this Court has not ordered staff at R.J. Donovan 24 Correctional Facility to facilitate a telephone call between Plaintiff and his attorney on July 6, 25 2017. The Court did order staff at R.J. Donovan to facilitate a confidential telephone call on 26 June 29, 2017 (ECF No. 72), but Plaintiff does not mention this call or claim that it failed to 27 take place as ordered. 28 Because there is no court order directing staff at R.J. Donovan to facilitate a telephone 1 1 call on July 6, 2017, the Motion will be denied. 2 The Court takes allegations that a prison has ignored its orders very seriously, especially 3 when they concern access to counsel and the courts. If there was an issue with the telephone 4 call that was to take place on June 29, 2017, Plaintiff may file another motion. 5 Accordingly, based on the foregoing, IT IS ORDERED that: 6 1. The Motion is DENIED; and 7 2. The Clerk of Court is directed to serve a copy of this order and a copy of the 8 order granting in part the motion for facilitated confidential attorney/client 9 phone calls (ECF No. 72) on Manuel Gonzalez. 10 11 IT IS SO ORDERED. 12 13 Dated: July 12, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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