Cordero v. Guzman et al

Filing 80

ORDER signed by Magistrate Judge Kendall J. Newman on 08/13/15 ordering plaintiff's requests to appear at the evidentiary hearing by videoconference or Skype 77 , 78 are denied. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDY M. CORDERO,

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No. 2: 13-cv-1551 JAM KJN P

Plaintiff,
v.

ORDER

NICK GUZMAN, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. This action is set for an evidentiary hearing before the undersigned on

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September 14, 2015, regarding the issue of exhaustion of administrative remedies. On July 1,

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2015, the undersigned issued a writ of ad testificandum directing the Warden of the R. J.

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Donovan Correctional Facility (“RJDCF”), where plaintiff is confined, to produce plaintiff at the

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evidentiary hearing on September 14, 2015. (ECF No. 74.)

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On August 6, 2015 and August 10, 2015, plaintiff filed pleadings requesting that he be

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allowed to appear at the evidentiary hearing via video conference or Skype. (ECF Nos. 77, 78.)

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Plaintiff states that defense counsel, Deputy Attorney General Esquival, informed him that

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RJDCF has these “communication capabilities.” Plaintiff alleges that he is fearful that if

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transferred to Sacramento for the evidentiary hearing, he will be assaulted. For the following

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reasons, plaintiff’s requests are denied.
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Plaintiff’s alleged security concerns are vague and conclusory. Plaintiff does not provide

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any specific information in support of his security concerns. In addition, plaintiff is informed that

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court regulations prohibit plaintiff from appearing at the evidentiary hearing via Skype. The court

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has also been informed that while RJDCF has some videoconferencing equipment, this equipment

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is unreliable.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s requests to appear at the

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evidentiary hearing via videoconference or Skype (ECF Nos. 77, 78) are denied.

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Dated: August 13, 2015

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