Gilman v. Fisher, et al

Filing 409

ORDER signed by Judge Lawrence K. Karlton on 4/4/12 ORDERING that Plaintiff's MOTION for a Preliminary Injunction 284 is DENIED. A Status Conference is SET for 4/30/2012 at 03:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD M. GILMAN, et al.,
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NO. CIV. S-05-830 LKK/GGH
Plaintiffs,

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v.
O R D E R

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EDMUND G. BROWN, JR., et al.,

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Defendants.
/

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On

November

30,

2011,

the

court

issued

the

report

of

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statistical expert Professor Richard Berk, ECF No. 384. In that

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report, Professor Berk declared that after a reasonable statistical

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analysis of the evidence submitted by plaintiff, Professor Berk

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could not conclude that there is likely to be a risk of prolonged

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incarceration under the procedural changes in Proposition 9, as

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compared to the pre-Proposition 9 procedures. The court ordered

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additional briefing from the parties, which has been received.

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On the record presently before the court, plaintiffs’ motion

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for a preliminary injunction must be denied. Nothing in this order

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should be construed as an opinion on the merits of plaintiffs’
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claims at trial.
Accordingly, the court ORDERS as follows:

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[1] Plaintiff’s motion for a preliminary injunction, ECF

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No. 284 is DENIED.

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[2] A status conference is SET for April 30, 2012 at

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3:30 p.m.

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IT IS SO ORDERED.

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DATED:

April 4, 2012.

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