Plata et al v. Schwarzenegger et al
ORDER denying 2934 Request for order to show cause. Signed by Judge Thelton E. Henderson on 04/12/17. (tehlc3, COURT STAFF) (Filed on 4/12/2017) (Additional attachment(s) added on 4/12/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MARCIANO PLATA, et al.,
EDMUND G. BROWN JR., et al.,
Case No. 01-cv-01351-TEH
ORDER DENYING REQUEST FOR
ORDER TO SHOW CAUSE
The Court is in receipt of a request for issuance of an order to show cause regarding
United States District Court
Northern District of California
contempt from Dr. Robert V. Justice, who states that he is a dentist at Avenal State Prison.
Aside from the fact that Dr. Justice’s filing is improper because he is not a litigant in this
case and has not received leave to file any documents, the Court does not find good cause
to issue an order to show cause. Dr. Justice’s declaration includes no details about how the
Receiver has in any way acted outside his jurisdiction. To the extent that Dr. Justice
alleges that persons hired by the Receiver have no control over dental care, he fails to
consider the coordination efforts between the Receivership and the California Department
of Corrections and Rehabilitation (“CDCR”) related to medical, mental health, and dental
care. In addition, pursuant to the Receiver’s October 19, 2016 revocable delegation of
authority to the CDCR, the CDCR and not the Receiver is now responsible for medical
care at Avenal State Prison. For all of the above reasons, Dr. Justice’s request for an order
to show cause is DENIED.
IT IS SO ORDERED.
THELTON E. HENDERSON
United States District Judge
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