Rodas v. Burke et al

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/2018 ORDERING Warden, litigation coordinator, and other correctional staff as needed at Salinas Valley State Prison to facilitate a confidential call between Nestor Rodas and his attorney on 1/9/2018 to begin at 11:00 a.m., to continue, without interruption, for a maximum of 90 minutes or until completed. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NESTOR RODAS,

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No. 2:17-cv-1030 KJN P

Plaintiff,
v.
OFFICER J. BURKE, et al.,

ORDER TO FACILITATE
TELEPHONE CALL

Defendants.

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Plaintiff is a state prisoner represented by court appointed counsel Michael E. Vinding of

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Brady & Vinding. This case was referred to the undersigned’s ADR project and stayed pending

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settlement negotiations. At that time, as well as by October 10, 2017, the date the order and writ

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of habeas corpus ad testificandum issued for plaintiff’s appearance at the January 17, 2018

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settlement conference, plaintiff was housed at California State Prison, Sacramento, in Represa,

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California. On December 6, 2017, plaintiff filed a change of address reflecting his transfer to

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Salinas Valley State Prison (“SVSP”) in Soledad, California. (ECF No. 21.)

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Communication between appointed counsel and his client is required to finalize

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preparations for the settlement conference scheduled for January 17, 2018. By this order, the

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court directs the Warden and the correctional staff at Salinas Valley State Prison to facilitate a

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confidential telephone call between appointed counsel and inmate Nestor Rodas (F-26038).

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In accordance with the above, IT IS HEREBY ORDERED:

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1. The Warden, litigation coordinator, and other correctional staff as needed at Salinas

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Valley State Prison, shall facilitate a confidential telephone call between Nestor Rodas

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and his attorney.

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2. The confidential telephone call shall be placed on Tuesday, January 9, 2018, to begin

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at 11:00 a.m., and shall continue, without interruption, for a maximum of 90 minutes

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or until completed, whichever is earlier. Correctional staff shall initiate the phone call

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by calling Mr. Vinding at [phone].

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3. The telephone conversation shall be a confidential communication between attorney

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and client and conducted so as not to be overheard by correctional staff or others.

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Correctional staff, however, may keep inmate Rodas under visual surveillance during

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the conversation.

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4. Failure to comply with this order may result in an order requiring the Warden of

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Salinas Valley State Prison, or others responsible for the failure to comply, to appear

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before the court to show cause why sanctions should not be imposed against them.

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5. The Clerk of the Court is ordered to serve this order by facsimile [phone] and
email on the Warden and litigation coordinator at Salinas Valley State Prison.

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Dated: January 4, 2018

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/roda1030.tel.set

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