Plata et al v. Schwarzenegger et al

Filing 2823

ORDER by Judges Stephen Reinhardt, Thelton E. Henderson, and Kimberly J. Mueller granting in part 2812 Plaintiffs' motion for further enforcement order. Defendants to file report on parole process for non-violent second-strikers by 12/01/14. (tehlc3, COURT STAFF) (Filed on 11/14/2014)

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IN THE UNITED STATES DISTRICT COURTS

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AND THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES

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PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

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RALPH COLEMAN, et al.,

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Plaintiffs,
NO. 2:90-cv-0520 KJM DAD (PC)

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v.

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EDMUND G. BROWN JR., et al.,

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Defendants.

THREE-JUDGE COURT

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MARCIANO PLATA, et al.,
Plaintiffs,

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v.

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EDMUND G. BROWN JR., et al.,

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NO. C01-1351 TEH
THREE-JUDGE COURT
ORDER GRANTING IN PART
PLAINTIFFS’ MOTION FOR
FURTHER ENFORCEMENT
ORDER

Defendants.

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Having carefully reviewed the parties’ arguments, as well as this Court’s order for

21 defendants to “immediately implement” specific population reduction measures, Feb. 10,
22 2014 Order at 3 (ECF No. 2766/5060),1 this Court now GRANTS IN PART Plaintiffs’
23 motion for an order for further enforcement (ECF No. 2812/5220). Plaintiffs asked that
24 defendants be ordered to: (1) implement 2-for-1 credits for minimum custody inmates who
25 are ineligible for fire camps; (2) grant 33.3% credits to all non-violent second strikers,
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All filings in this Three-Judge Court are included in the individual docket sheets of
27 both Plata v. Brown, No. C01-1351 TEH (N.D. Cal.), and Coleman v. Brown, No. 2:90-cv0520-KJM DAD (PC) (E.D. Cal.). This Court includes the docket number of Plata first, then
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1 including those with a prior sex offense; and (3) implement new parole procedures for non2 violent second-strikers by January 1, 2015.
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The Court now GRANTS the third part of plaintiffs’ motion. IT IS HEREBY

4 ORDERED that defendants shall, on or before January 1, 2015, complete creation and
5 commence operation of “a new parole determination process through which non-violent
6 second-strikers will be eligible for parole consideration by the Board of Parole Hearings once
7 they have served 50% of their sentence.” Feb. 10, 2014 Order at 3. The record contains no
8 evidence that defendants cannot implement the required parole process by that date, eleven
9 months after they agreed to do so “promptly,” Defs.’ Jan. 23, 2014 Proposed Order at 2 (ECF
10 No. 2755/5023) and were ordered to so do “immediately,” Feb. 10, 2014 Order at 3.
11 Defendants shall file a report describing the new parole process, including an estimate of the
12 number of inmates who will be affected, on or before December 1, 2014.
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The Compliance Officer shall continue conferring with the parties regarding

14 plaintiffs’ first two requests, which remain under submission. The parties shall file a
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1 stipulation and proposed order if they are able to reach agreement. If they cannot, then they
2 shall file a joint statement narrowing their disputes as much as possible.
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4 IT IS SO ORDERED.
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6 Dated: 11/14/14
STEPHEN REINHARDT
UNITED STATES CIRCUIT JUDGE
NINTH CIRCUIT COURT OF APPEALS

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10 Dated: 11/14/14

THELTON E. HENDERSON
SENIOR UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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Dated: 11/14/14
KIMBERLY J. MUELLER
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF CALIFORNIA

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