Riley v. Tallerico et al

Filing 68

ORDER GRANTING IN PART Plaintiff's Motion for Confidential Telephone Calls 61 ; ORDER Directing Clerk to Serve a Copy of This Order on the Warden and Litigation Coordinator at R.J. Donovan Correctional Facility, signed by Magistrate Judge Erica P. Grosjean on 4/20/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-01189-AWI-EPG (PC)

SHANNON RILEY,
Plaintiff,

ORDER GRANTING IN PART
PLAINTIFF’S MOTION FOR
CONFIDENTIAL TELEPHONE CALLS

v.
TALLERICO and YERRY,

(ECF NO. 61)

Defendants.

ORDER DIRECTING CLERK TO SERVE A
COPY OF THIS ORDER ON THE
WARDEN AND LITIGATION
COORDINATOR AT R.J. DONOVAN
CORRECTIONAL FACILITY

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Shannon Riley (“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.

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On February 7, 2018, Plaintiff’s filed a motion for confidential telephone calls. (ECF

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No. 61). Plaintiff alleges that he is worried that he will suffer from retaliation if his telephonic

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court appearances are not confidential.

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Because of potential security concerns with Plaintiff’s request, the Court invited the R.J.

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Donovan Correctional Facility to file a response to Plaintiff’s motion. (ECF No. 63). No

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response was filed.

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While this Court’s hearings are not confidential, given Plaintiff’s alleged concerns, as

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well as the lack of response regarding potential security concerns, the Court will grant

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Plaintiff’s motion in part. The Court will direct the Warden and Litigation Coordinator at R.J.

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Donovan to facilitate a confidential call for Plaintiff’s appearance at the Telephonic Discovery

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and Status Conference, which is currently set for August 20, 2018, at 3:00 p.m..

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However, the Court will not order that all of Plaintiff’s telephonic appearances be

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confidential. Plaintiff only has one other telephonic appearance scheduled (the Telephonic

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Trial Confirmation Hearing). The Telephonic Trial Confirmation Hearing is scheduled to take

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place on November 14, 2019. The Court will not order R.J. Donovan to facilitate a confidential

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telephone call for a hearing that will not take place for about a year and a half, which may or

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may not concern sensitive information.

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In accordance with the above, IT IS ORDERED THAT:
1. Plaintiff’s motion for confidential telephone calls is granted in part;

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2. The Warden, Litigation Coordinator, and other correctional staff as needed at

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R.J. Donovan Correctional Facility shall facilitate Plaintiff’s appearance at the

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Discovery and Status Conference via a confidential telephone call;

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3. The confidential telephone call shall be placed on August 20, 2018, at 3:00 p.m.

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Correctional staff shall initiate the telephone call by calling the toll-free number

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(888) 251−2909 and using Access Code 1024453;

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4. Correctional staff may keep Plaintiff under visual surveillance during the

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telephone conversation;

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5. Failure to comply with this order may result in the imposition of sanctions; and

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6. The Clerk of Court is directed to serve this order on the Warden and the

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Litigation Coordinator at R.J. Donovan Correctional Facility.

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IT IS SO ORDERED.
Dated:

April 20, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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