Trujillo v. Jacquez et al

Filing 112

ORDER Granting Plaintiff's Motion to Correspond with Inmate McCoy on a One-Time Basis for Discovery Purposes. (njvlc1, COURT STAFF) (Filed on 4/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARIO TRUJILLO,

v.
FRANCISCO JACQUEZ, et al.,

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Case No. C 10-5183 YGR (NJV)
Plaintiff, [PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION TO
CORRESPOND WITH INMATE MCCOY
ON A ONE-TIME BASIS FOR
DISCOVERY PURPOSES
Defendants.

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On June 12, 2012, Plaintiff Mario Trujillo, a Pelican Bay State Prison (Pelican Bay) inmate,

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moved for an order permitting him to correspond in writing with fellow Pelican Bay inmate

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McCoy (T-69025) on a one-time basis in an effort to secure a declaration from him. (See Docket

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No. 85.) Plaintiff alleges that inmate McCoy was an eyewitness to the excessive force allegedly

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used against Plaintiff by some of the Defendants in this action on February 16, 2009, and that he

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needs McCoy’s declaration to prosecute his case. (Id.) Plaintiff further contends that he had

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previously requested permission from prison-staff to communicate with this inmate, but his

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request was denied. (Id.)

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On March 29, 2013, Judge Gonzalez-Rogers referred this matter to this Court to make

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findings and recommendations as to why Plaintiff should not be allowed to obtain a declaration

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from inmate McCoy. (Docket No. 109.) On April 8, 2013, this Court held a telephonic hearing
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[Proposed] Order Granting Pl.’s Mot. Correspond Inmate McCoy (C 10-5183 YGR (NJV))

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on the matter. During the hearing, Defendants’ counsel informed the Court that the Captain in

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charge of Plaintiff’s housing unit would permit correspondence between the two inmates on a

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one-time basis, so long as Plaintiff provides proof that legal discovery is needed in this action.

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Plaintiff stated during the hearing that discovery has been permitted in this case and that inmate

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McCoy’s declaration is needed for the prosecution thereof.

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Accordingly, after finding good cause, the Court hereby orders that Plaintiff’s motion is

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GRANTED. Pelican Bay staff shall allow Plaintiff to correspond with inmate McCoy (T-69025)

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on a one-time basis in an effort to obtain a declaration from him. In doing so, however, Plaintiff

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must follow Pelican Bay’s internal procedures for corresponding with another inmate.

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Specifically, Plaintiff shall re-submit a “CDCR Form 22” to his assigned counselor accompanied

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with a copy of this order. See PBSP D.O.M. Supp. § 54010.

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April 15, 2013
Dated: ___________________________

__________________________
The Honorable Nandor J. Vadas
United States Magistrate Judge

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[Proposed] Order Granting Pl.’s Mot. Correspond Inmate McCoy (C 10-5183 YGR (NJV))

CERTIFICATE OF SERVICE
Case Name:

M. Trujillo v. Jacquez, et al.

No.

C 10-5183 YGR

I hereby certify that on April 10, 2013, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO CORRESPOND WITH
INMATE MCCOY ON A ONE-TIME BASIS FOR DISCOVERY PURPOSES
Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
I further certify that some of the participants in the case are not registered CM/ECF users. On
April 10, 2013, I have caused to be mailed in the Office of the Attorney General's internal mail
system, the foregoing document(s) by First-Class Mail, postage prepaid, or have dispatched it to
a third party commercial carrier for delivery within three (3) calendar days to the following nonCM/ECF participants:

Mario Trujillo (F-99682)
Pelican Bay State Prison
P.O. Box 7000
Crescent City, CA 95531-7000
Pro Se
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on April 10, 2013, at San Francisco,
California.

M. Luna
Declarant
20684906.doc

/s/ M. Luna
Signature