Castro v. Terhune, et al

Filing 371

ORDER REQUESTING BRIEFING. Signed by Judge Alsup on September 27, 2010. (whalc2, COURT STAFF) (Filed on 9/27/2010)

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Castro v. Terhune, et al Doc. 371 1 2 3 4 5 6 7 8 9 10 CARLOS CASTRO, Plaintiff, v. CAL TERHUNE, Director, CALIFORNIA DEPARTMENT OF CORRECTIONS, G. BONNIE GARIBAY, J. BATCHELOR, S. C. WOLHWEND, A. SCRIBNER, J. STOKES, M. YARBOROUGH, L. HOOD, C. CAMPBELL, A. M. GONZALEZ, M. AYALA, E. DERUSHA, c/o ROBERT L. L. AYERS, Warden, and J. MARTINEZ, Defendants. / ORDER REQUESTING BRIEFING No. C 98-04877 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants have committed to forgo trial on plaintiff's 2009 validation, assuming the following: (1) plaintiff "honors his stated willingness to waive his attorneys' fees"; (2) further discovery is stayed; and (3) briefing is allowed as to the appropriate validation protocol to afford plaintiff constitutional due process and process in accord with the Prison Litigation Reform Act. This order requests briefing from both parties on the third topic. Briefs are limited to fifteen pages and are due by NOON ON OCTOBER 5, 2010. Reply briefs are limited to five pages and are due by NOON ON OCTOBER 8, 2010. Plaintiff must comment on defendants' first two requests. IT IS SO ORDERED. Dated: September 27, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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