Gil v. Spalding et al

Filing 55

ORDER signed by Magistrate Judge Kendall J. Newman on 11/07/17 ORDERING that within 21 days from the date of this order, defendants shall provide the documentary evidence described above. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO GIL,

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Plaintiff,

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No. 2:16-cv-0587 GEB KJN P

v.

ORDER

S. SPAULDING, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. In support of defendants’ motion for

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summary judgment, appeals coordinator Clark declares that any delay in processing mail in

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August of 2015 would have been recorded “in order for an appeal not to be canceled as

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untimely,” and no such delay was recorded. (ECF No. 43-3 at 4.) Defendants provided no

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documentary evidence to support such statement. It is unclear whether prison staff maintain a log

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concerning delayed mail that might show a gap in time where no delay in August 2015 was

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recorded, or what documentary evidence Clark reviewed in order to make such statement about

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mail delivery.

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It is also unclear whether plaintiff’s mail log may reflect his receipt of the second level

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review.

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Good cause appearing, defendants shall submit to the court any log or other documentary

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evidence for the time frame August 17, 2015, through September 29, 2015, that may or may not

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reflect a delay in mail from the appeals office to plaintiff or other prisoners housed with plaintiff,

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as well as a copy of plaintiff’s mail log for the time frame August 17, 2015, through September

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29, 2015.

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days from the date of

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this order, defendants shall provide the documentary evidence described above.

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Dated: November 7, 2017

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gil0587.log

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