Spence v. Stambaugh et al

Filing 118

ORDER signed by Magistrate Judge Allison Claire on 12/18/2019 REQUESTING the CA AG specially appear in this action to inquire into the matter detailed in this Order and, if possible, resolve it and to file and serve a responsive statement within 21 days after the filing date of this order. (cc: Tami Krenzin, Supervising Deputy Attorney General) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD SPENCE,

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Plaintiff,

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No. 2:14-cv-1170 WBS AC P

v.

ORDER

STAMBAUGH, et al.,

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Defendants.

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Plaintiff is a state prisoner, currently incarcerated at North Kern State Prison, proceeding

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pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. 1983. This

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action challenges plaintiff’s treatment when he was booked into the Sacramento County Jail in

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2012. Plaintiff has filed a motion requesting that this court direct the California Department of

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Corrections and Rehabilitation (CDCR) to authorize plaintiff’s possession of his relevant booking

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video that defendants recently attempted to produce to plaintiff a second time. See ECF No. 117.

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Plaintiff states that he was informed by CDCR staff that he may retain the video in his possession

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only if it is mailed by opposing counsel “as a Quarterly Package” rather than “legal mail.” Id.
This court requests that the Office of the California Attorney General specially appear in

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this action to inquire into this matter and, if possible, to resolve it; and to file and serve a

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responsive statement within twenty-one (21) days after the filing date of this order. The Clerk of

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Court is directed to serve a copy of this order on Tami Krenzin, Supervising Deputy Attorney

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General.

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DATED: December 18, 2019

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