Robinson v. Delgado et al

Filing 388

Order by Magistrate Judge Nandor J. Vadas denying 384 Motion to Enforce Judgment. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 1/20/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 ANTHONY L. ROBINSON, Case No. 02-cv-01538-NJV Plaintiff, 9 v. 10 11 ANTHONY A. LAMARQUE, et al., United States District Court Northern District of California Defendants. ORDER DENYING MOTION FOR ENFORCEMENT OF TRIAL COURT'S ORDER AND PERMANENT INJUNCTION, COMMITMENT FOR CIVIL CONTEMPT Re: Dkt. No. 384 12 13 14 Pending before the court is Plaintiff Anthony L. Robinson’s Motion for Enforcement of 15 16 17 18 Trial Court’s Order and Permanent Injunction, Commitment for Civil Contempt, filed December 7, 2015. (Doc. 384.) Defendants oppose the Motion. (Doc. 385.) For the reasons stated below, the court denies the Motion. PROCEDURAL HISTORY 19 On August 31, 2010, following a jury trial, the court entered a permanent injunction which 20 21 22 23 24 25 26 27 28 included the requirement that Defendant Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation ("CDCR"), and his agents and all persons in active concert or participating with any of them who received actual notice, permit Plaintiff to participate in the CDCR’s Jewish Kosher Meal Program on the same terms and conditions as kosher-observant Jewish inmates. (Doc. 316.) The court expressly retained jurisdiction of this action for all purposes, including without limitation, all proceedings involving the interpretation, enforcement, or amendment of the permanent injunction. (Id.) // 1 2 DISCUSSION Plaintiff alleges that officials at California State Prison, Corcoran refused to provide him 3 with his court-mandated kosher meals on October 23, 2015, October 24, 2015, October 25, 2015, 4 and October 28, 2015. He further alleges that he was not given kosher meals while he was at the 5 California Health Care Facility in Stockton, from May 3, 2015, through May 29, 2015. Finally, 6 Plaintiff alleges that although he returned to California State Prison, Corcoran on May 29, 2015, 7 he did not receive his kosher meals until late June 2015. 8 The injunction entered by the court on August 31, 2010, provides that, “[i]n the event that any dispute or disagreement arises in the future with respect to Plaintiff’s participation in the 10 Jewish Kosher Meal Program, Plaintiff is required to fully exhaust all available administrative 11 United States District Court Northern District of California 9 remedies before seeking the Court’s intervention.” (Doc. 316, 1:26-2:1.) Plaintiff does not allege 12 in that he has complied with this requirement. 13 In opposing Plaintiff’s Motion, Defendants contend that Plaintiff in fact has not complied 14 with the requirement of exhausting his administrative remedies before seeking relief from this 15 court. Defendants provide the Declaration of A. Pacillas, Appeals Coordinator at California State 16 Prison, Corcoran. (Doc. 387.) Pacillas states under penalty of perjury that two days after Plaintiff 17 filed his Motion, Corcoran State Prison received Plaintiff’s administrative grievance about kosher 18 meal service in October 2015. (Doc. 387, para. 8.) At the time of Pacillas’ Declaration on 19 December 17, 2015, Plaintiff’s grievance remained at the first level and had not yet been 20 exhausted. Id. The grievance therefore had not been exhausted at the time that Plaintiff filed the 21 current motion. Pacillas further states that Plaintiff never exhausted any grievance about 22 Corcoran's kosher meal service in June 2015. (Id. at para. 7-10). Finally, Defendants provide the 23 Declaration of A. Infante, Appeals Coordinator at the California Health Care Facility. (Doc. 386.) 24 Infante states under penalty of perjury that Plaintiff did not file any grievance about Kosher meals 25 at California Healthcare Facility in 2015. (Id. at 7-9.) 26 Based on the foregoing, the court concludes that Plaintiff has failed to comply with the 27 requirement set forth in the court's order of August 31, 2010, that he fully exhaust all 28 administrative remedies before seeking the court's intervention regarding the Kosher Meal 2 1 Program. Plaintiff's Motion is therefore DENIED. 2 IT IS SO ORDERED. 3 4 5 6 Dated: January 20, 2016 ______________________________________ NANDOR J. VADAS United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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