McCurdy v. Kernan et al

Filing 109

ORDER DIRECTING Defendant to File a Response to 107 Plaintiff's Motion to Correspond with Inmate Witness Christopher Price, signed by Magistrate Judge Stanley A. Boone on 11/30/2021. Response due by 12/7/2021. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES C. McCURDY,

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Plaintiff,

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v.
S. KERNAN, et al.,

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Defendants.

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ORDER DIRECTING DEFENDANT TO FILE A
RESPONSE TO PLAINTIFF’S MOTION TO
CORRESPOND WITH INMATE WITNESS
CHRISTOPHER PRICE
(ECF No. 107)

pursuant to 42 U.S.C. § 1983.
This case is currently set for jury trial before the undersigned on January 25, 2022, and a

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Case No.: 1:17-cv-01356-SAB (PC)

Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action

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telephonic pretrial hearing is set for December 10, 2021.
On November 29, 2021, Plaintiff filed a motion to correspond with his inmate witness,

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Christopher Price. (ECF No. 107.) Plaintiff submits that he “has yet to correspond with his witness

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which is vital for his defense.” (Id. at 1.) Plaintiff attaches documentation which reflects that his

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request to correspond with inmate Price has been denied. (Id. at 3-4.) The Court will direct Defendant

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to file a response addressing the feasibility of facilitating communication with inmate Price given the

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penological concerns and whether it can be addressed without the need for a court order. See Cal

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Code Regs., tit. 15 § 3139; see also Turner v. Safley, 482 U.S. 78, 91 (1987).

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Accordingly, it is HEREBY ORDERED that on or before December 7, 2021, Defendant shall

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file a response to Plaintiff’s request for correspond with inmate Christopher Price.

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IT IS SO ORDERED.

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Dated:

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November 30, 2021
UNITED STATES MAGISTRATE JUDGE

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