Pinson et al v. California Department of Corrections & Rehabilation

Filing 78

ORDER FOR RESPONSE FROM DEFENDANT re 75 MOTION to Declare 28 USC 1915(g) Unconstitutional filed by Mikeal Stine, Jeremy Pinson, 68 Order to Show Cause. Signed by Judge Vince Chhabria on 12/12/2014. (knm, COURT STAFF) (Filed on 12/12/2014)

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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 FOR RESPONSE FROM
DEFENDANT

v.

United States District Court
Northern District of California

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Re: Dkt. Nos. 68, 75

J. FRISK,
Defendant.

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Plaintiffs are federal prisoners who filed a pro se civil rights complaint pursuant to 42

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U.S.C. § 1983 alleging the violation of their constitutional rights by Defendant J. Frisk, an officer

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at Pelican Bay State Prison in California. On September 18, 2014, the Court issued an order to

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show cause re: vacating plaintiffs’ in forma pauperis (“IFP”) status, directing Frisk to file a brief,

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pursuant to 28 U.S.C. § 1915(g), addressing whether plaintiffs are precluded from proceeding IFP

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in this action and, if so, whether this case should be dismissed. On October 7, 2014, Frisk filed his

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response to the order to show cause and, on October 27, 2014, plaintiffs filed their opposition.

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The Court now orders Frisk to file a reply addressing the following: (1) whether mere

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allegations in a complaint that the plaintiff risks imminent harm are sufficient to defeat denial of

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IFP status; (2) whether Frisk may submit evidence to counter the allegations in the complaint

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about the risk of harm; and (3) whether the evidence Frisk has submitted in response to the

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allegations about the risk of imminent harm is admissible and sufficient. Frisk may also submit

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any additional evidence available that he believes counters the plaintiffs' allegations about their

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imminent risk of harm.

Also in this reply, Frisk should respond to the motion filed by the

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plaintiffs to declare 28 U.S.C. § 1915(g) unconstitutional. This combined brief should not exceed

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20 pages in length, and should be filed within 28 days of the date of this order.

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IT IS SO ORDERED.
Dated: December 12, 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 12/12/2014, 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
Medical Center for Federal Prisoners
PO Box 4000
Springfield, MO 65801-4000

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

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Dated: 12/12/2014
Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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