Johnson v. Shaffer et al

Filing 159

ORDER signed by Judge Kimberly J. Mueller on 12/10/15 ORDERING that the Clerk of the Court is directed to file the motion filed by Inmate Alden A. Thomas and enter it on the docket in this action; Inmate Alden's motion is denied as unnecessary; and to the extent the motion contains comments relevant to the proposed settlement agreement, those will be considered by the court in connection with the fairness hearing set for December 18, 2015. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAM JOHNSON, on behalf of himself and
all others similarly situated,
Plaintiffs,

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ORDER
v.

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No. 2:12-cv-1059 KJM AC P

JENNIFER SHAFFER, et al.,
Defendants.

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Inmate Alden A. Thomas, Sr. has filed a document styled as a motion for joinder

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in this action. It appears from Exhibit B to the motion that Mr. Alden is a member of the plaintiff

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class, which consists of California state prisoners who are serving life sentences and are eligible

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for parole consideration after having served their minimum terms. See ECF Nos. 29, 44. His

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motion for joinder is therefore unnecessary. Comments in the motion concerning the relationship

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between immigration proceedings and parole proceedings are not relevant to the proposed

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settlement agreement. To the extent comments concerning the alleged exclusion of Mr. Alden’s

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low risk assessment from a 2010 parole consideration hearing are relevant to the proposed

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settlement agreement, those will be considered by the court in connection with the fairness

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hearing set for December 18, 2015.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1.

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The Clerk of the Court is directed to file the motion filed by Inmate Alden
A. Thomas and enter it on the docket in this action;

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2.

Inmate Alden’s motion is denied as unnecessary; and

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3.

To the extent the motion contains comments relevant to the proposed

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settlement agreement, those will be considered by the court in connection

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with the fairness hearing set for December 18, 2015.

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DATED: December 10, 2015

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UNITED STATES DISTRICT JUDGE
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