Beltran v. Baker et al

Filing 174

ORDER signed by District Judge Troy L. Nunley on 4/9/2024 GRANTING Plaintiff's Motion (ECF No. 157 ). Plaintiff shall be allowed two legal calls per week with his counsel of record until 4/22/2024 to prepare for trial. (Krueger, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAIME BELTRAN,

12

Plaintiff,

13
14

No. 2:17-cv-01520-TLN-AC

v.

ORDER

THOMAS J. GUERRA,

15

Defendant.

16
17

This matter is before the Court on Plaintiff Jaime Beltran’s (“Plaintiff”) Motion to

18

Receive Two Legal Calls Per Week in Preparation for Trial. (ECF No. 157.) Defendant Thomas

19

J. Guerra (“Defendant”) filed a statement of non-opposition. (ECF No. 171.) For the reasons set

20

forth below, the Court GRANTS Plaintiff’s Motion. (ECF No. 157.)

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
1

1

A detailed recitation of the facts and procedural history of this case is not necessary for

2

the disposition of Plaintiff’s motion. In short, Plaintiff commenced the instant lawsuit against

3

Defendant — at all relevant times, a correctional officer with the California Department of

4

Corrections and Rehabilitation (“CDCR”) — seeking redress under 42 U.S.C. § 1983 for

5

Defendant’s purported failure to intervene or stop other inmates from causing him harm. (See,

6

e.g., ECF No. 143.) Plaintiff has retained counsel and trial is set to begin on April 22, 2024. (Id.)

7

Under California Penal Code section 5058.7(a), the CDCR must approve “an attorney’s request to

8

have a confidential call with the inmate that they represent.” Plaintiff has made such a request via

9

his motion (ECF No. 157), and Defendant does not oppose it (ECF No. 171).

10
11
12
13

Accordingly, the Court GRANTS Plaintiff’s motion. Plaintiff shall be allowed two legal
call per week with his counsel of record until April 22, 2024, to prepare for trial.
IT IS SO ORDERED.
Date: April 9, 2024

14
15
16

Troy L. Nunley
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
2