Plata et al v. Schwarzenegger et al

Filing 2253

ORDER by Judges Stephen Reinhardt, Lawrence K. Karlton, and Thelton E. Henderson granting 2238 Motion to Intervene by Assembly Republicans. (tehlc3, COURT STAFF) (Filed on 10/2/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 v. v. 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 RALPH COLEMAN, et al., Plaintiffs, NO. CIV S-90-0520 LKK JFM P THREE-JUDGE COURT ARNOLD SCHWARZENEGGER, et al., Defendants. MARCIANO PLATA, et al., Plaintiffs, NO. C01-1351 TEH THREE-JUDGE COURT ORDER GRANTING SEPTEMBER 21, 2009 MOTION TO INTERVENE BY ASSEMBLY REPUBLICANS ARNOLD SCHWARZENEGGER, et al., Defendants. On September 21, 2009, eleven members of the California Assembly, who identify 21 themselves as "Assembly Republican Intervenors," collectively filed a motion to intervene in 22 this action.1 Plaintiffs and Intervenor California Correctional Peace Officers Association 23 filed statements of non-opposition to the motion, and no party or intervenor has indicated an 24 intent to oppose the motion. As this court previously held, Aug. 17, 2007 Order Re: Motions 25 to Intervene at 2, members of the California Legislature meet the statutory criteria for 26 intervention under 18 U.S.C. 3626(a)(3)(F), which confers standing to oppose "the 27 These members of the Assembly were elected in November 2008 and were not in 28 office when the court granted intervention by other California state legislators. 1 1 imposition or continuation in effect" of a prisoner release order and the right to intervene in 2 "any proceeding relating to such relief" on: 3 4 5 6 [a]ny State or local official including a legislator or unit of government whose jurisdiction or function includes the appropriation of funds for the construction, operation, or maintenance of prison facilities, or the prosecution or custody of persons who may be released from, or not admitted to, a prison as a result of a prisoner release order . . . . 7 18 U.S.C. 3626(a)(3)(F). Intervention is therefore proper under Federal Rule of Civil 8 Procedure 24(a)(1), which provides for intervention as of right "when a statute of the United 9 States confers an unconditional right to intervene." 10 Accordingly, the Assembly Republicans' September 21, 2009 motion to intervene is 11 GRANTED. The eleven members of the Assembly who filed this motion shall participate in 12 this case as part of the group of Republican Legislative Intervenors who have already been 13 granted intervenor status. 14 15 IT IS SO ORDERED. 16 17 Dated: 10/02/09 18 19 20 21 Dated: 10/02/09 22 23 24 25 Dated: 10/02/09 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 STEPHEN REINHARDT UNITED STATES CIRCUIT JUDGE NINTH CIRCUIT COURT OF APPEALS

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