Williams v. State of California et al

Filing 19

ORDER SETTING EVIDENTIARY HEARING. Evidentiary Hearing set for 9/20/2017 01:00 PM before Hon. Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 8/3/2017. (ndrS, COURT STAFF) (Filed on 8/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DWAIN WILLIAMS,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 17-cv-02511-HSG
ORDER SETTING EVIDENTIARY
HEARING
Re: Dkt. No. 8

STATE OF CALIFORNIA, et al.,
Defendants.

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The Court SETS a limited evidentiary hearing on September 20, 2017, at 1:00 p.m., in

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Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA, regarding whether Plaintiff exhausted his

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administrative remedies under the Prison Litigation Reform Act. See Dkt. No. 8 (pending motion

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for summary judgment); cf. Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (permitting

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limited preliminary proceeding to “decide disputed questions of fact”).

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The hearing will be limited to whether Plaintiff filed any inmate appeals with the Soledad

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Correctional Training Facility after January 6, 2016, the date of his alleged incapacity. See Dkt.

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No. 10 at 5; Dkt. No. 1-1 ¶¶ 11, 17–18, 30. This includes the two inmate appeals, dated August

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26, 2016, and September 16, 2016, that Defendants filed as Exhibit B to their reply brief in

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support of the pending motion. See Dkt. No. 13-2, Ex. B.

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To guide this limited inquiry, Defendants should prepare the following witnesses: (1) the

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custodian of records for the Soledad Correctional Training Facility who can authenticate and

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testify about the processing of the two above-referenced inmate appeals; (2) all individuals who

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assisted Plaintiff in filing the above-referenced inmate appeals; and (3) someone who can describe

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the process by which a third-party outside the Soledad Correctional Training Facility can assist

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inmates in preparing and filing an inmate appeal, as permitted by Title 15 of the California Code

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of Regulations, § 3084.2.
IT IS SO ORDERED.
Dated: 8/3/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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