Coleman, et al v. Schwarzenegger, et al

Filing 7515

THIRD JUDGE COURT ORDER signed by Judges Kimberly J. Mueller, Kim McLane Wardlaw and Jon S. Tigar on 3/25/22, GRANTING 7508 defendants' unopposed motion to reduce the frequency of its status reports from monthly to quarterly. (Kastilahn, A)

Case 2:90-cv-00520-KJM-DB Document 7515 Filed 03/25/22 Page 1 of 2
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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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Case No. 2:90-cv-00520 KJM-DB
Plaintiffs,

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THREE-JUDGE COURT

v.

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GAVIN NEWSOM, et al.,

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Defendants.

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MARCIANO PLATA, et al.,

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Case No. 4:01-cv-01351-JST
Plaintiffs,

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THREE-JUDGE COURT
ORDER GRANTING DEFENDANTS’
UNOPPOSED MOTION TO MODIFY
FEBRUARY 10, 2014 ORDER (ECF NO.
2766/5060) TO REDUCE FREQUENCY
OF STATUS REPORTS FROM
MONTHLY TO QUARTERLY

v.

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GAVIN NEWSOM, et al.,

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Defendants.

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The Court grants Defendants’ unopposed motion to reduce the frequency of its status

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reports from monthly to quarterly. The Court agrees this reduced frequency is appropriate

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because Defendants have been in compliance with the 137.5% population cap for over seven

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years, CDCR’s adult prison population remains below that cap, information in Defendants’

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monthly reports generally does not change significantly from one month to the next, and current

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population data is readily available on CDCR’s public website.
Accordingly, it is ordered that paragraph 5 of this Court’s February 10, 2014 order (ECF

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No. 2766/5060)1 is amended to read: “Defendants will report to this Court quarterly on the status

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All filings in this Three-Judge Court are included in the individual docket sheets of both Plata v.
Newsom, No. 01-cv-01351-JST (N.D. Cal.) and Coleman v. Newsom, No. 2:90-cv-00520-KJMDB (E.D. Cal.). The Court cites to the docket number of Plata first, then Coleman.
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Case Nos. 2:90-cv-00520-KJM-DB & 4:01-cv-01351-JST

Case 2:90-cv-00520-KJM-DB Document 7515 Filed 03/25/22 Page 2 of 2
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of measures being taken to reduce the prison population, and on the current in-state and out-of-

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state adult prison populations. Reports shall be submitted on the 15th of March, June, September,

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and December of each year until further order of the Court.”

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Additionally, so that the mechanism for reducing an adult prison population that remains

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above the 137.5% cap for two consecutive months remains workable in a quarterly reporting

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scheme, it is ordered that the second sentence of paragraph 7 of the same order is amended to

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read: “During this period after compliance with the final benchmark and before such compliance

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is durable, if the adult prison population is above 137.5% design capacity for two consecutive

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months, CDCR shall notify the Court, and the Compliance Officer shall, within seven days, direct

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the release of the number of inmates necessary to bring the prison population to 137.5% design

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capacity.”2

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IT IS SO ORDERED.

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Dated: March 25, 2022

________________________________________
KIM McLANE WARDLAW
UNITED STATES CIRCUIT JUDGE
NINTH CIRCUIT COURT OF APPEALS

Dated: March 25, 2022

________________________________________
KIMBERLY MUELLER
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF CALIFORNIA

Dated: March 25, 2022

________________________________________
JON S. TIGAR
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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This order makes no findings regarding whether Defendants’ compliance with the benchmark is
durable.
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Case Nos. 2:90-cv-00520-KJM-DB & 4:01-cv-01351-JST