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).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARCIANO PLATA, et al.,
Plaintiffs,

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v.
EDMUND G. BROWN JR., et al.,

Case No. 01-cv-01351-TEH
ORDER DENYING REQUEST FOR
ORDER TO SHOW CAUSE

Defendants.

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The Court is in receipt of a request for issuance of an order to show cause regarding

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United States District Court
Northern District of California

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contempt from Dr. Robert V. Justice, who states that he is a dentist at Avenal State Prison.

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Aside from the fact that Dr. Justice’s filing is improper because he is not a litigant in this

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case and has not received leave to file any documents, the Court does not find good cause

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to issue an order to show cause. Dr. Justice’s declaration includes no details about how the

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Receiver has in any way acted outside his jurisdiction. To the extent that Dr. Justice

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alleges that persons hired by the Receiver have no control over dental care, he fails to

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consider the coordination efforts between the Receivership and the California Department

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of Corrections and Rehabilitation (“CDCR”) related to medical, mental health, and dental

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care. In addition, pursuant to the Receiver’s October 19, 2016 revocable delegation of

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authority to the CDCR, the CDCR and not the Receiver is now responsible for medical

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care at Avenal State Prison. For all of the above reasons, Dr. Justice’s request for an order

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to show cause is DENIED.

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IT IS SO ORDERED.

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Dated: 04/12/17

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THELTON E. HENDERSON
United States District Judge