Rubio v. Kanalakis et al

Filing 32

ORDER DENYING MOTION TO MAINTAIN SURVEILLANCE VIDEO AND FOR RECONSIDERATION. Signed by Judge JEFFREY S. WHITE on 9/25/12. (jjoS, COURT STAFF) (Filed on 9/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JORGE L. RUBIO,
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Plaintiff,
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v.
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MIKE KANALAKIS, et al.,
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Defendants.
_________________________________ )

No. C 10-1963 JSW (PR)
ORDER DENYING MOTION TO
MAINTAIN SURVEILLANCE
VIDEO AND FOR
RECONSIDERATION
(Docket No. 29)

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Plaintiff filed this pro se civil rights action pursuant to 42 U.S.C. § 1983.
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Plaintiff is civilly committed in a California prison pursuant to California’s Sexually
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Violent Predator Act, Cal. Welf. & Inst. Code §§ 6600, et seq. (“SVPA”). He sues
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officials of the Monterey County Jail for housing him in conditions similar to those of
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criminal detainees when he was in custody there awaiting commitment proceedings
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under the SVPA. Defendants’ motion to dismiss was granted in part because certain of
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Plaintiff’s claims were found untimely. Plaintiff has moved for an order directing
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Defendants to preserve and maintain “any and all” surveillance videos that depict
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Plaintiff “in any way.” Plaintiff has not explained the relevance of the surveillance
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video to his claims, and his request is clearly overbroad insofar as it would include
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video of him sleeping and other clearly irrelevant activities. Plaintiff’s motion is
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DENIED. Plaintiff also indicates that he intends to seek reconsideration of the

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dismissal of some of his claims as untimely because he did not have sufficient education

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or legal knowledge to bring those claims earlier. Plaintiff is DENIED leave to file a

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motion for reconsideration. See Rasberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir.

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2006) (pro se habeas petitioner’s lack of legal sophistication is not, by itself, an

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extraordinary circumstance warranting equitable tolling).

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IT IS SO ORDERED.
DATED: September 25, 2012

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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JORGE L. RUBIO,

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Case Number: CV10-01963 JSW

Plaintiff,

CERTIFICATE OF SERVICE

v.
MIKE KANALAKIS et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on September 25, 2012, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed,
by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Jorge L. Rubio
P.O. Box 5003-Unit 6
Coalinga, CA 93210

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Dated: September 25, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk