Plata et al v. Schwarzenegger et al

Filing 2935

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).

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MARCIANO PLATA, et al., Plaintiffs, 5 6 7 8 v. EDMUND G. BROWN JR., et al., Case No. 01-cv-01351-TEH ORDER DENYING REQUEST FOR ORDER TO SHOW CAUSE Defendants. 9 The Court is in receipt of a request for issuance of an order to show cause regarding 11 United States District Court Northern District of California 10 contempt from Dr. Robert V. Justice, who states that he is a dentist at Avenal State Prison. 12 Aside from the fact that Dr. Justice’s filing is improper because he is not a litigant in this 13 case and has not received leave to file any documents, the Court does not find good cause 14 to issue an order to show cause. Dr. Justice’s declaration includes no details about how the 15 Receiver has in any way acted outside his jurisdiction. To the extent that Dr. Justice 16 alleges that persons hired by the Receiver have no control over dental care, he fails to 17 consider the coordination efforts between the Receivership and the California Department 18 of Corrections and Rehabilitation (“CDCR”) related to medical, mental health, and dental 19 care. In addition, pursuant to the Receiver’s October 19, 2016 revocable delegation of 20 authority to the CDCR, the CDCR and not the Receiver is now responsible for medical 21 care at Avenal State Prison. For all of the above reasons, Dr. Justice’s request for an order 22 to show cause is DENIED. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: 04/12/17 _____________________________________ THELTON E. HENDERSON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?