Riel v. Woodford

Filing 620

ORDER signed by Magistrate Judge Deborah Barnes on 3/10/2023 ORDERING the Clerk to serve a copy of this order on the Litigation Coordinator at San Quentin State Prison as well as directly on plaintiff at San Quentin State Prison. This order resolves 618 , 619 requests.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES D. RIEL,

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Petitioner,

No. 2:01-cv-0507 MCE DB
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

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On March 8, 2023, the court issued an order addressing two letters petitioner had filed

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with the court. (ECF No. 617.) The court has now received two additional letters from the

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petitioner, Charles Riel. (ECF Nos. 618, 619.) The court has received two handwritten letters

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from the petitioner, Charles Riel. (ECF Nos. 615, 616.) As noted in the court’s prior order,

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petitioner is represented by counsel in this action and pro se filings by a represented party are

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improper. See United States v. Gwiazdzinski, 141 F.3d 784, 787 (7th Cir. 1998). Petitioner again

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is encouraged to address any issues regarding this action with his attorney.

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In petitioner’s two recent letters, he expresses concern that he may be assaulted. (ECF

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Nos. 618, 619.) This appears to be mainly based on the fact that he believes a correctional officer

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“just can’t stand [petitioner]” and may attempt to get an inmate to assault the plaintiff. (ECF No.

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619.) Petitioner’s concerns currently appear to be speculative and he has not provided sufficient

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information about the alleged risk to petitioner’s safety. As such, petitioner has not shown that
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there is likely an imminent risk to petitioner. However, the safety of all parties is always of

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concern to the court. In the interest of ensuring petitioner’s safety, all parties and their respective

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counsel are notified regarding the letters petitioner has filed (ECF Nos. 618, 619) and the

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concerns petitioner has raised therein about his safety. Additionally, the Clerk of the Court will

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be directed to serve a copy of this order on the Litigation Coordinator at San Quentin State

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Prison.

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For the reasons set forth above, the Clerk of the Court is ORDERED to serve a copy of

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this order on the Litigation Coordinator at San Quentin State Prison as well as directly on plaintiff

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(CDCR No E-00100) at San Quentin State Prison. This order resolves ECF No. 618 and ECF No.

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619.

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Dated: March 10, 2023

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DB:14
DB/orders-capital/riel0507.pet.ltr(2)

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