Rainwater v. Ahlin et al

Filing 13

NOTICE of Hearing; ORDER Directing Clerk to Send Copies of This Order to Defendants Ahlin and Price and Their Counsel, signed by Magistrate Judge Michael J. Seng on 3/6/2018: Evidentiary Hearing set for 3/22/2018 at 09:00 AM in Courtroom 6 (MJS), before Magistrate Judge Michael J. Seng. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN ALLEN RAINWATER,

CASE NO. 1:18-cv-00049-MJS (PC)

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Plaintiff,

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(ECF No. 5)
v.

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NOTICE OF HEARING

PAM AHLIN, et al.,

ORDER DIRECTING CLERK TO SEND
COPIES OF THIS ORDER TO
DEFENDANTS AHLIN AND PRICE AND
THEIR COUNSEL

Defendants.

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. His complaint alleges constitutional

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violations arising from the prohibition and potential confiscation and destruction of

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certain electronic devices, including digital storage devices identified in recent

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emergency amendments to Cal. Code Regs. tit. 9, § 4350 (hereinafter Regulation 4350).

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Plaintiff has requested interim injunctive relief (“TRO”) against implementation of

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portions of Regulation 4350. (ECF No. 5). In response, the Court invited not-yet-served

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Defendants to respond to Plaintiff's request for such relief. (ECF No. 11.) Defendants did

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so. (ECF No. 12.) The Court found Defendants’ response enlightening, but it also raised

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additional questions the Court would like answered before it proceeds in this case (one

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of several virtually identical cases).

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Accordingly, the Court will conduct an evidentiary beginning at 9:00 AM, March

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22, 2018, in Courtroom 6, 2500 Tulare Street, Fresno, and continuing until concluded.

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The hearing will be limited to the following issues:

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1)

With regard to the plans by the California Department of State Hospitals

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(DSH) to maintain and provide detainee access to stored legal files (as

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described in Defendants’ Opposition to Plaintiff’s Motion for a Temporary

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Restraining Order (ECF No. 12 at 14 & 15), and in the Declaration of

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Brandon Price in support of that Opposition (ECF No. 12-2, paras. 16 –

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19), how and when will files proposed for storage be scanned, transferred

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to a state device, and made accessible to detainees under supervision and

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what procedures will detainees have to gain such access under

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supervision?

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2)

What is the basis for DSH’s determination that it is appropriate for

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a detainee to maintain in his cell thirty legally purchased commercial

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CDs and DVDs, but no more than that?

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3)

What electronic gaming devices, if any, are allowed to be

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kept by a detainee and how did DSH determine which electronic

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games may be allowed and which may not?

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Named Defendants and their representatives and others Defendants believe may

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be most knowledgeable on the above issues are invited to attend and present evidence.

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Plaintiff will be produced for the hearing.

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The Clerk of Court is directed to mail a copy of this order to the following
addresses:
Pam Ahlin
Department of Mental Health
Room 151
1600 9th Street

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Sacramento, CA 95814

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and

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Brandon Price, Director
Department of State Hospitals – Coalinga
24511 West Jayne Avenue
P.O. Box 5000
Coalinga, CA 03210-5000

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and

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Lisa Anne Tilman
Office of the Attorney General, State of California
Suite 125
1300 “I” Street
Sacramento, CA 94244-2550

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IT IS SO ORDERED.

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Dated:

March 6, 2018

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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