Coleman, et al v. Schwarzenegger, et al
Filing
5237
THREE-JUDGE COURT ORDER signed by Judge Kimberly J. Mueller, Senior Judge Thelton E. Henderson and Circuit Judge Stephen Reinhardt on 11/14/14 GRANTING-IN-PART 5220 Motion for Further Enforcement Order. (Donati, J)
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IN THE UNITED STATES DISTRICT COURTS
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AND THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES
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PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE
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RALPH COLEMAN, et al.,
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Plaintiffs,
NO. 2:90-cv-0520 KJM DAD (PC)
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v.
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EDMUND G. BROWN JR., et al.,
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Defendants.
THREE-JUDGE COURT
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MARCIANO PLATA, et al.,
Plaintiffs,
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v.
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EDMUND G. BROWN JR., et al.,
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NO. C01-1351 TEH
THREE-JUDGE COURT
ORDER GRANTING IN PART
PLAINTIFFS’ MOTION FOR
FURTHER ENFORCEMENT
ORDER
Defendants.
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Having carefully reviewed the parties’ arguments, as well as this Court’s order for
21 defendants to “immediately implement” specific population reduction measures, Feb. 10,
22 2014 Order at 3 (ECF No. 2766/5060),1 this Court now GRANTS IN PART Plaintiffs’
23 motion for an order for further enforcement (ECF No. 2812/5220). Plaintiffs asked that
24 defendants be ordered to: (1) implement 2-for-1 credits for minimum custody inmates who
25 are ineligible for fire camps; (2) grant 33.3% credits to all non-violent second strikers,
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All filings in this Three-Judge Court are included in the individual docket sheets of
27 both Plata v. Brown, No. C01-1351 TEH (N.D. Cal.), and Coleman v. Brown, No. 2:90-cv0520-KJM DAD (PC) (E.D. Cal.). This Court includes the docket number of Plata first, then
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1 including those with a prior sex offense; and (3) implement new parole procedures for non2 violent second-strikers by January 1, 2015.
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The Court now GRANTS the third part of plaintiffs’ motion. IT IS HEREBY
4 ORDERED that defendants shall, on or before January 1, 2015, complete creation and
5 commence operation of “a new parole determination process through which non-violent
6 second-strikers will be eligible for parole consideration by the Board of Parole Hearings once
7 they have served 50% of their sentence.” Feb. 10, 2014 Order at 3. The record contains no
8 evidence that defendants cannot implement the required parole process by that date, eleven
9 months after they agreed to do so “promptly,” Defs.’ Jan. 23, 2014 Proposed Order at 2 (ECF
10 No. 2755/5023) and were ordered to so do “immediately,” Feb. 10, 2014 Order at 3.
11 Defendants shall file a report describing the new parole process, including an estimate of the
12 number of inmates who will be affected, on or before December 1, 2014.
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The Compliance Officer shall continue conferring with the parties regarding
14 plaintiffs’ first two requests, which remain under submission. The parties shall file a
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1 stipulation and proposed order if they are able to reach agreement. If they cannot, then they
2 shall file a joint statement narrowing their disputes as much as possible.
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4 IT IS SO ORDERED.
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6 Dated: 11/14/14
STEPHEN REINHARDT
UNITED STATES CIRCUIT JUDGE
NINTH CIRCUIT COURT OF APPEALS
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THELTON E. HENDERSON
SENIOR UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA
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Dated: 11/14/14
KIMBERLY J. MUELLER
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF CALIFORNIA
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