Christ v. Blackwell et al

Filing 138

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/22/2014 GRANTING plaintiff's 124 motion for an order compelling CDCR to allow him limited correspondence with his witnesses, as follows: (1) CDCR shall allow plaintiff correspondence wit h inmates Dillinger and Rossignon; (2) within 21 days, CDCR shall provide plaintiff with the last known addresses of his remaining, formerly incarcerated witnesses; (3) within 21 days, counsel for defendants CDCR shall meet and confer with plaintiff to devise a workable means by which plaintiff can communicate with his formerly incarcerated witnesses, and the parties shall inofrm the court of the results of this process within 30 days; (4) in the event that counsel for defendants is not acting on behalf of CDCR, defense counsel shall provide a copy of this order to CDCR counsel. (See Order for Details) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON CHRIST,

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Plaintiff,

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No. 2:10-cv-00760-EFB P

v.

ORDER

R. BLACKWELL, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C § 1983. The case is before the court pursuant to the parties’ consent. ECF Nos. 4, 14, 74;

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28 U.S.C. § 636; E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2). Currently pending before the

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court is plaintiff’s motion to communicate with his incarcerated third-party witnesses. ECF No.

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124.

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The instant motion is the latest in a string of motions asking the court for an order

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compelling institutional officials to allow plaintiff to communicate with certain inmates who

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plaintiff attests are witnesses to one or more events that form the basis of this action. ECF Nos.

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24, 48, 55, 58, 124. In an order issued on February 25, 2014, the court found that plaintiff’s

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previous attempts to communicate with these individuals in order to prepare his case for trial had

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been unjustifiably thwarted by the various institutions housing the individuals in the name of

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institutional security. ECF No. 133. The court ordered defendants to communicate with counsel
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for the California Department of Corrections and Rehabilitation (CDCR) and thereafter show

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cause why the CDCR should not be compelled to allow plaintiff to communicate with his

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incarcerated witnesses. Id. In response, defendants informed the court on behalf of CDCR that

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plaintiff would be allowed to communicate with witness David Dillinger, housed at California

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State Prison, Solano, but that plaintiff’s five other witnesses (DeJarlais, Pizzarusso, Schuknecht,

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Rossignon, and Pappas) are no longer in custody. ECF No. 136.

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A search of the CDCR “Inmate Locator” website, inmatelocator.cdcr.ca.gov reveals no

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results for Mssrs. DeJarlais, Pizzarusso, and Schuknecht, but shows that Mr. Rossignon is

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currently incarcerated at the Correctional Training Facility in Soledad, California. If that

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information is correct, the court will order the CDCR to allow plaintiff limited correspondence

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with Mr. Rossignon regarding facts relevant to this suit and to solicit necessary declarations,

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consistent with the court’s prior orders.

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With regard to any witnesses no longer incarcerated, the court will order the CDCR to

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provide plaintiff with the last known address of these individuals. Further, the parties and counsel

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for the CDCR are ordered to meet and confer to devise a workable means by which plaintiff can

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communicate with his formerly incarcerated witnesses to arrange for their appearance and

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testimony at trial.

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Accordingly, it is hereby ORDERED that plaintiff’s motion for an order compelling

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CDCR to allow him limited correspondence with his witnesses (ECF No. 124) is granted as

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follows:

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1. CDCR (and any relevant institution within the department’s purview) shall allow

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plaintiff correspondence with inmates Dillinger and Rossignon regarding facts

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relevant to this suit and to solicit declarations describing those facts and whether the

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witnesses will voluntarily testify at trial;

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2. Within 21 days of the date of this order, CDCR shall provide plaintiff with the last

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known addresses of his remaining, formerly incarcerated witnesses;

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3. Within 21 days of the date of this order, counsel for defendants CDCR shall meet and

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confer with plaintiff to devise a workable means by which plaintiff can communicate

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with his formerly incarcerated witnesses to arrange for their appearance and testimony

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at trial. The parties shall inform the court of the results of this process within 30 days

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of the date of this order.

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4. In the event that counsel for defendants is not acting on behalf of CDCR, defense
counsel shall provide a copy of this order to CDCR counsel.
DATED: April 22, 2014.

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