Solomon v. Meyer et al

Filing 135

ORDER re 130 MOTION Notice of Motion and Motion to Dissolve Injunction; Supporting Memorandum of Points and Authorities re 127 Order filed by Atchley, J. Ippolito. Signed by Magistrate Judge Nandor J. Vadas on June 4, 2014. (njvlc2, COURT STAFF) (Filed on 6/4/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 VINCENT URAIN SOLOMON, Case No. 11-cv-02827-JST (NJV) Plaintiff, 9 v. ORDER RE DEFENDANTS’ MOTION TO DISSOLVE INJUNCTION 10 11 ATCHLEY, et al., Re: Dkt. No. 130 United States District Court Northern District of California Defendants. 12 13 14 The district court has referred the matter to the undersigned for a report and 15 recommendation. Doc. No. 33. Defendants’ motion to dissolve the injunction will be heard on 16 July 17, 2014. Doc. No. 134. In order to assist the undersigned in issuing his report and 17 recommendation, Defendants shall file a supplemental declaration containing the following: 18 19 20 (1) Photographs (8”x10”) of Plaintiff’s cell at Corcoran S.P., showing the cell from the entrance, the back wall, and each side wall; (2) Photographs (8”x10”) of the five boxes of legal documents in question and 21 measurements for each box; 22 (3) Blueprints of Plaintiff’s cell; 23 (4) Copies of any applicable DOM or facility regulations that Defendants contend apply to 24 25 26 27 28 Plaintiff’s request to keep the five boxes of legal documents in his cell; (5) A list of all inmates incarcerated at Corcoran S.P. whose access to legal documents has been curtailed in the last five years in the manner Plaintiff’s access has been curtailed; (6) Any documents relating to the decision to deprive Plaintiff of access to his legal materials; and, (7) The amount of time it would take Mr. Solomon to exchange legal materials in the 1 2 manner described in M. Kimbrell’s declaration (Doc. No. 131 ¶ 9 (“Procedures are in 3 place that allow Mr. Solomon to access any of his legal materials that he is not 4 permitted to keep in his cell. Mr. Solomon can exchange the legal materials in his cell 5 at any time on request, and he can access his legal materials either during his weekly 6 law library time, or at his request, he can be taken to a holding cell where he can sort, 7 review, study, and otherwise utilize any legal materials related to his active cases”)). Defendants shall file the information requested above no later than June 18, 2014, and 8 9 shall submit Chambers Copies to the undersigned no later than June 19, 2014 at 4:00 p.m. 10 Plaintiff shall describe the contents of his five boxes of legal documents generally (e.g., United States District Court Northern District of California 11 12 copies of court documents, notes, copies of legal treatises or case law, correspondence with 13 opposing counsel). Plaintiff shall confirm whether the five boxes of legal documents pertain to 14 this case; if the documents do not pertain to this case, Plaintiff shall generally describe what case 15 or proceeding the documents pertain to. Plaintiff shall file this information no later than June 25, 16 2014. 17 18 19 20 21 IT IS SO ORDERED. Dated: June 4, 2014 ______________________________________ NANDOR J. VADAS United States Magistrate Judge 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VINCENT URAIN SOLOMON, Case No. 11-cv-02827-JST (NJV) Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 ATCHLEY, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern District of California. That on 6/4/2014, 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. 16 17 18 Vincent Urain Solomon California State Prison, Corcoran P.O. Box 3486 Corcoran, CA 93212 19 20 Dated: 6/4/2014 21 22 23 24 25 By:________/s/_______________ France Jaffe, Law Clerk to the Honorable NANDOR J. VADAS 26 27 28 3

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