Turner v. Lewis et al
Filing
122
ORDER by Judge Kandis A. Westmore denying 121 Motion for Order of Unmonitored Phone Calls. (kawlc2, COURT STAFF) (Filed on 1/5/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LAFONZO R. TURNER,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 15-cv-00078-KAW
v.
MONTANEZ, et al.,
Defendants.
ORDER DENYING MOTION FOR
ORDER OF UNMONITORED PHONE
CALLS
Re: Dkt. No. 121
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On January 2, 2018, the Court received a letter from Plaintiff Lafonzo R. Turner,
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requesting that the Court order Defendants to give Plaintiff and his counsel "ongoing access to
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their unmonitored phone area, so that Pl[aintiff] and counsel can confer . . . ." (Dkt. No. 121.)
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Plaintiff asserts that such relief is necessary because Defendants have informed Plaintiff's counsel
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that they lack facilities to accommodate unmonitored calls, yet have twice permitted such calls.
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Plaintiff also contends that they require unimpeded access.
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The Court DENIES Plaintiff's motion. As an initial matter, Plaintiff is now represented by
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counsel, and should not be communicating with the Court pro se. See Reynolds v. Hologic, Inc.,
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Case No. 11-cv-462-PJH, 2012 U.S. Dist. LEXIS 140776, at *5 (N.D. Cal. Sept. 28, 2012) ("it
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would be improper for the court to engage in ex parte communications with a represented party").
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To the extent Plaintiff wishes to seek relief from the Court, Plaintiff should make such requests
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through his appointed counsel.
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Moreover, there is no apparent basis for Plaintiff's request. Plaintiff does not assert that he
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is unable to make unmonitored calls, or that Defendants have ever refused to allow him to make
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such calls. While Plaintiff asserts that Defendants have wrongfully informed Plaintiff's counsel
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that they lack facilities to accommodate unmonitored calls, he admits that he has in fact been
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allowed to make such calls. Thus, there is no showing that his access to unmonitored calls is
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unlawfully impeded, or that the relief sought is required.
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IT IS SO ORDERED.
Dated: January 5, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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United States District Court
Northern District of California
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