Valdivia, et al v. Schwarzenegger, et al

Filing 1664

ORDER signed by Senior Judge Lawrence K. Karlton on 5/13/2011 ORDERING 1647 The court has considered the report and ADOPTS the Special Master's F & R's in full; Further, the court HEREBY FINDS that dfts have demonstrated substantial compl iance with the following requirements: pltfs' counsel has access to the information reasonably necessary to monitor compliance; and Deputy Commissioners shall not have authority to increase the Return to Custody Assessment at the Probable Cause Hearing; these requirements will therefore no longer be a primary focus of pltfs' or the Special Master's monitoring unless they are inextricably linked with review of the hearing process, the remedial sanctions obligations of the Permanent Injunction, or arise in the course of investigating an individual parolee's situation; these items will remain in this status unless and until it comes to the parties' or the Special Master's attention that there has been a significant decline in compliance; to allow for such attention, dfts SHALL report the status of these requirements to all parties every 6 months, beginning on 1/8/2012. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY VALDIVIA, ALFRED YANCY,
and HOSSIE WELCH, on their own
behalf and on behalf of the class
of all persons similarly situated,

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NO. CIV. S-94-671 LKK/GGH
Plaintiffs,

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v.

O R D E R

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ARNOLD SCHWARZENEGGER, Governor of
the State of California, et al.,

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Defendants.
/

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The Special Master filed his Tenth Report on April 21, 2011.

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(Doc. No. 1647). No objections were filed. The court has considered

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the

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recommendations in full.

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report

Further,

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demonstrated

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•

the

ADOPTS

court

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substantial

the

Special

HEREBY

FINDS

compliance

Master’s

that
with

findings

defendants

requirements:

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and

the

Plaintiffs’ counsel has access to the information
reasonably necessary to monitor compliance; and
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and

have

following

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•

Deputy Commissioners shall not have authority to increase

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the Return to Custody Assessment at the Probable Cause

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Hearing.

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These requirements will therefore no longer be a primary focus of

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Plaintiffs' or the Special Master's monitoring unless they are

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inextricably

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remedial sanctions obligations of the Permanent Injunction, or

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arise in the course of investigating an individual parolee's

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situation. These items will remain in this status unless and until

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it comes to the parties’ or the Special Master’s attention that

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there has been a significant decline in compliance. To allow for

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such

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requirements to all parties every six months, beginning on January

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8, 2012.

linked

attention,

with

review

defendants

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IT IS SO ORDERED.

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SHALL

DATED: May 13, 2011.

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2

of

the

report

hearing

the

process,

status

of

the

these