Green v. CDCR et al

Filing 79

ORDER signed by Magistrate Judge Allison Claire on 10/08/19 ORDERING the Clerk of Court is directed to designate plaintiffs document filed September 18,2019, 75 , as Additional Evidence in Support of Plaintiffs Opposition to Defendants Motion for S ummary Judgment. In response to plaintiffs Notice filed October 2, 2019, 78 , the court directs defense counsel, Deputy Attorney General James Mathison, in consultation with appropriate CDCR staff, to file and serve a statement within 14 days that identifies the location(s) of plaintiffs legal files and, if still applicable, CDCRs plans to deliver the files to plaintiff.(Plummer, M) Modified on 10/9/2019 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WARREN C. GREEN,

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No. 2:14-cv-2854 TLN AC P

Plaintiff,
v.

ORDER

CDCR, et al.,
Defendants.

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Plaintiff is a state prisoner, incarcerated under the authority of the California Department

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of Corrections and Rehabilitation (CDCR), who proceeds pro se and in forma pauperis with this

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civil rights action. Defendants have filed a motion for summary judgment, which has been fully

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briefed and is now submitted for decision. Nevertheless, plaintiff has filed two matters that

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require the court’s immediate attention.

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First, additional evidence plaintiff filed in tandem with his opposition to defendants’

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motion for summary judgment was captioned and docketed as a motion for discovery. See ECF

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No. 75. Review of the document indicates that it provides additional evidence upon which

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plaintiff’s opposition to summary judgment relies. Therefore, the Clerk of Court will be directed

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to so designate this document.

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Second, plaintiff informs the court that his recent transfers among correctional institutions

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to obtain adequate health care have resulted in the retention of his legal files by CDCR. See ECF
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No. 78. The court will request that defense counsel, Deputy Attorney General James Mathison,

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inquire about the location(s) of plaintiff’s legal files, in consultation with appropriate staff at

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CDCR, then file and serve a brief written statement within fourteen days. CDCR is encouraged

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to consolidate plaintiff’s legal files and deliver them to plaintiff within a reasonable time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to designate plaintiff’s document filed September 18,

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2019, ECF No. 75, as “Additional Evidence in Support of Plaintiff’s Opposition to Defendants’

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Motion for Summary Judgment.”

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2. In response to plaintiff’s “Notice” filed October 2, 2019, ECF No. 78, the court directs

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defense counsel, Deputy Attorney General James Mathison, in consultation with appropriate

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CDCR staff, to file and serve a statement within fourteen (14) days that identifies the location(s)

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of plaintiff’s legal files and, if still applicable, CDCR’s plans to deliver the files to plaintiff.

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SO ORDERED.
DATED: October 8, 2019

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