Plata et al v. Schwarzenegger et al

Filing 2064

ORDER requiring further briefing. Supplemental briefing on specified funding questions due on or before 02/18/09. Signed by Judges Stephen Reinhardt, Lawrence K. Karlton, and Thelton E. Henderson on 02/04/09. (tehlc3, COURT STAFF) (Filed on 2/4/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 On or before February 18, 2009, the parties and intervenors shall file briefs, not v. ARNOLD SCHWARZENEGGER, et al., Defendants. v. ARNOLD SCHWARZENEGGER, et al., Defendants. MARCIANO PLATA, et al., Plaintiffs, NO. C01-1351 TEH THREE-JUDGE COURT ORDER REQUIRING FURTHER BRIEFING RALPH COLEMAN, et al., Plaintiffs, NO. CIV S-90-0520 LKK JFM P THREE-JUDGE COURT IN THE UNITED STATES DISTRICT COURTS FOR THE EASTERN DISTRICT OF CALIFORNIA AND THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

23 exceeding fifteen pages, on the following questions: 24 1. Does the Court have the authority to order the expenditure of funds for purposes of

25 implementing any prisoner release order that it may issue? 26 2. Does the Court have the authority to order the State to divert funds from the prison

27 budget to community programming or other local programs designed to facilitate the re-entry 28 into society of prisoners released pursuant to the entry of a prisoner release order?

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3. Would the answer to either of the above questions be different if the funds at issue

2 consisted of savings to the State resulting from the issuance of a prisoner release order? 3 4 IT IS SO ORDERED. 5 6 Dated: 02/04/09 7 8 9 10 Dated: 02/04/09 11 12 13 14 Dated: 02/04/09 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 THELTON E. HENDERSON SENIOR UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA LAWRENCE K. KARLTON SENIOR UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF CALIFORNIA /s/ STEPHEN REINHARDT UNITED STATES CIRCUIT JUDGE NINTH CIRCUIT COURT OF APPEALS