Welch v. CA Dept Corrections, et al
Filing
151
ORDER to SHOW CAUSE signed by District Judge Troy L. Nunley on 3/18/2015 ORDERING the Defendants to SHOW CAUSE in writing no later than 3/30/2015, as to why defendants should not be sanctioned for making false statements to the court. (Donati, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EUGENE EVERETT WELCH,
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No. 2:03-cv-00072-TLN-DAD
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
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Plaintiff Eugene Everett Welch (“Plaintiff”), a state prisoner proceeding pro se, filed this
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civil rights action in 2003, claiming his rights under the Religious Land Use and Institutionalized
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Persons Act of 2000 (RLUIPA) were being violated by enforcement against him of grooming
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regulations promulgated and implemented by the California Department of Corrections (CDC) in
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1997. On September 26, 2007, the Court granted Defendants’ motion for summary judgment on
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the ground that Plaintiff’s claims for declaratory and injunctive relief were moot. (ECF No. 141.)
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The Court’s decision was based on Defendants’ representations that all of the counseling chronos
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and rule violation reports documenting Plaintiff’s grooming violations had been expunged from
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his central file. (ECF No. 141.)
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On April 13, 2012, Plaintiff filed a letter complaining that his central file still contained
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grooming violations. (ECF No. 145.) On April 26, 2012, the Court ordered Defendants to verify
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the expungement of these documents within twenty days. (ECF No. 146.) On May 15, 2012,
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Defendants provided this Court with the declaration of Correctional Case Records Analyst
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Burkhardt, which confirmed that the documents reflecting Plaintiff’s grooming violations were
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expunged from his central file. The declaration stated that Plaintiff’s Board of Prison Terms
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(BPT) packet had contained a counseling chrono reflecting a grooming violation, but that
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document has been expunged. (ECF No. 147.)
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On March 26, 2014, Plaintiff filed a Motion for Court Order (ECF No. 149) asserting that
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these events that were allegedly expunged from Plaintiff’s BPT packet are being used against him
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at his BPT hearing. The Court does not look kindly on Defendants’ alleged actions. This Court
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granted summary judgment based on Defendants’ assertions that Plaintiff’s claims were moot.
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The purpose of an expungement is that such violations would not be used against Plaintiff. If
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Defendants are continuing to use Plaintiff’s alleged grooming violations against him, then
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Defendants’ previous representations made to this Court are nothing more than a farce.
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Defendants are hereby ordered to adhere to the representations made to this Court and are further
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ordered to show cause as to why they should not be sanctioned for willfully discounting
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representations that they themselves made to this Court.
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As such, the Court hereby ORDERS Defendants to show cause in writing no later than
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March 30, 2015, as to why Defendants should not be sanctioned for making false statements to
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the Court.
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IT IS SO ORDERED.
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Dated: March 18, 2015
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Troy L. Nunley
United States District Judge
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