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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN ALLEN RAINWATER, CASE NO. 1:18-cv-00049-MJS (PC) 12 Plaintiff, 13 14 (ECF No. 5) v. 15 16 17 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. 18 19 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil 20 rights action brought pursuant to 42 U.S.C. § 1983. His complaint alleges constitutional 21 violations arising from the prohibition and potential confiscation and destruction of 22 certain electronic devices, including digital storage devices identified in recent 23 emergency amendments to Cal. Code Regs. tit. 9, § 4350 (hereinafter Regulation 4350). 24 Plaintiff has requested interim injunctive relief (“TRO”) against implementation of 25 portions of Regulation 4350. (ECF No. 5). In response, the Court invited not-yet-served 26 Defendants to respond to Plaintiff's request for such relief. (ECF No. 11.) Defendants did 27 so. (ECF No. 12.) The Court found Defendants’ response enlightening, but it also raised 28 1 additional questions the Court would like answered before it proceeds in this case (one 2 of several virtually identical cases). 3 Accordingly, the Court will conduct an evidentiary beginning at 9:00 AM, March 4 22, 2018, in Courtroom 6, 2500 Tulare Street, Fresno, and continuing until concluded. 5 The hearing will be limited to the following issues: 6 1) With regard to the plans by the California Department of State Hospitals 7 (DSH) to maintain and provide detainee access to stored legal files (as 8 described in Defendants’ Opposition to Plaintiff’s Motion for a Temporary 9 Restraining Order (ECF No. 12 at 14 & 15), and in the Declaration of 10 Brandon Price in support of that Opposition (ECF No. 12-2, paras. 16 – 11 19), how and when will files proposed for storage be scanned, transferred 12 to a state device, and made accessible to detainees under supervision and 13 what procedures will detainees have to gain such access under 14 supervision? 15 2) What is the basis for DSH’s determination that it is appropriate for 16 a detainee to maintain in his cell thirty legally purchased commercial 17 CDs and DVDs, but no more than that? 18 3) What electronic gaming devices, if any, are allowed to be 19 kept by a detainee and how did DSH determine which electronic 20 games may be allowed and which may not? 21 Named Defendants and their representatives and others Defendants believe may 22 be most knowledgeable on the above issues are invited to attend and present evidence. 23 Plaintiff will be produced for the hearing. 24 25 26 27 28 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 2 1 Sacramento, CA 95814 2 and 3 4 5 6 Brandon Price, Director Department of State Hospitals – Coalinga 24511 West Jayne Avenue P.O. Box 5000 Coalinga, CA 03210-5000 7 and 8 Lisa Anne Tilman Office of the Attorney General, State of California Suite 125 1300 “I” Street Sacramento, CA 94244-2550 9 10 11 12 IT IS SO ORDERED. 13 14 Dated: March 6, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael J. Seng 3

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