Pinson et al v. California Department of Corrections & Rehabilation

Filing 71

ORDER by Judge Vince Chhabria denying 70 Emergency Motion for video conference (knm, COURT STAFF) (Filed on 10/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEREMY PINSON, et al.,

Case No. 13-cv-05502-VC

Plaintiffs,
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ORDER DENYING EMERGENCY
MOTION FOR VIDEO CONFERENCE

v.

United States District Court
Northern District of California

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Re: Dkt. No. 70

J. FRISK,
Defendant.

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Plaintiffs Jeremy Pinson and Mikeal Stine, inmates at the United States Penitentiary in

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Florence, Colorado, filed a civil rights action pursuant to 42 U.S.C. § 1983 alleging the violation

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of their constitutional rights by employees at Pelican Bay State Prison in California. Defendant J.

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Frisk is the only defendant in this action. On September 18, 2014, the Court issued an order

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directing Frisk to file a brief, pursuant to 28 U.S.C. § 1915(g), addressing whether plaintiffs are

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precluded from proceeding in forma pauperis and, if so, whether the case should be dismissed.

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The Court stayed all pending motions until the § 1915(g) issue is decided.

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On September 29, 2014, plaintiffs filed an “emergency motion for a tele-video status

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conference necessary to protect status quo of case.” Although it is difficult to determine why

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plaintiffs are requesting this conference, they seem to be inferring that prison staff are confiscating

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their legal materials so that they are prevented from “meaningful discovery.”

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Because all motions in this case have been stayed until the § 1915 issue is decided, there is

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no reason for Plaintiffs to have discovery at this point. If, after the § 1915 issue is decided and

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this case is not dismissed, the Court will then address discovery issues.

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Based on the foregoing, the motion for an emergency conference is denied.

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IT IS SO ORDERED.

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Dated: October 6, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEREMY PINSON, et al.,

Case No. 13-cv-05502-VC

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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J. FRISK,
Defendant.

United States District Court
Northern District of California

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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 10/6/2014, 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.

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Jeremy Pinson ID: 16267-064
U.S. Penitentiary ADX
P.O. Box 8500
Florence, CO 81226

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Mikeal Stine ID: 55436-098
U.S. Penitentiary ADX
P.O. Box 8500
Florence, CO 81226
Dated: 10/6/2014

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Richard W. Wieking
Clerk, United States District Court
By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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