In re: Tony Hill

Filing 1

ORDER Regarding Use of Electronic Submission of Prison Litigation, Directing Appearance By Supervising Deputy Attorney General, Setting Briefing Schedule, and Directing Clerk of Court to Assign a Miscellaneous Case Number, signed by Magistrate Judge Stanley A. Boone on 2/12/15: Response to Inmate's Document due within ten (10) days; Mr. Hill's brief due within twenty-one (21) days. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IN RE: Tony Hill

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1:15-mc-00008-SAB
ORDER REGARDING USE OF ELECTRONIC
SUBMISSION OF PRISON LITIGATION,
DIRECTING APPEARANCE BY SUPERVISING
DEPUTY ATTORNEY GENERAL, SETTING
BRIEFING SCHEDULE, AND DIRECTING
CLERK OF COURT TO ASSIGN A
MISCELLANEOUS CASE NUMBER

On February 5, 2015, this Court received several documents from inmate Tony Hill in which

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he contends that prison officials have denied his access to the law library and deliberately ignored this

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Court Standing Order to utilize the electronic case filing system at Corcoran State Prison. Although

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Plaintiff has filed a notice of appeal, there is no ruling by this Court to appeal as no case has been filed

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and opened by this Court, and the Court is therefore not divested of jurisdiction.

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As Plaintiff is incarcerated at Corcoran State Prison, he is subject to the Standing Order in Re:

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Procedural Rules for Electronic Submission of Prisoner Litigation Filed by Plaintiffs Incarcerated at

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Corcoran and Pleasant Valley State Prisons, effective October 1, 2014. Pursuant to the Standing

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Order, which applies to initial filings: (1) new complaints are subject to e-filing and they may not

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exceed twenty-five pages in length; and (2) motions seeking relief from this Standing Order, motions

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for emergency relief, or motions to increase the page limit shall be no more than fifteen (15) pages.

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As a CDCR participating facility, no initial documents are accepted for filing by the Clerk of Court
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unless done pursuant to the Standing Order or the scanning equipment is inoperable for a period longer

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than forty-eight (48) hours.
Inasmuch as this case has not yet been opened, the Court will request the Supervising Deputy

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Attorney General in charge of the e-service program, Monica Anderson, to address Plaintiff’s

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contention that he is not allowed to utilize the e-filing system at Corcoran State Prison within ten (10)

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days from the date of service of this order, and inmate Tony Hill will have twenty-one (21) days after

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the date that Ms. Anderson files a detailed response specifically intending how he has been denied

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access to the electronic service program at Corcoran State Prison. After all briefing is submitted, the

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Court will review said documents and issue a corresponding order and/or set a telephonic hearing, if

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necessary and only if Plaintiff has properly responded within the specified time period.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Clerk of Court is directed to serve a copy of inmate Tony Hill’s documents and a
copy of this order on Supervising Deputy Attorney General Monica Anderson;

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2.

Ms. Anderson shall file a response to Inmate’s Document within ten (10) days;

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3.

Inmate Tony Hill shall file a detailed brief as to how he was denied access to the e-

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filing system at Corcoran State Prison within twenty-one (21) days from the date of

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service of this order; and
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The Clerk of Court is directed to assign a miscellaneous case number to address only

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the use of the e-filing system at Corcoran State Prison as to inmate Tony Hill. No case

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as to merits of Mr. Hill’s claims will be opened until the issue regarding use of the e-

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filing system is resolved.

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IT IS SO ORDERED.

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Dated:

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February 12, 2015
UNITED STATES MAGISTRATE JUDGE

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