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COLEMAN v. BROWN, 2:90-cv-0520 KJM DAD (PC) (2014)

Court: District Court, N.D. California Number: infdco20141117721
Filed: Nov. 14, 2014
Latest Update: Nov. 14, 2014
Summary: COURT ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR FURTHER ENFORCEMENT ORDER THELTON E. HENDERSON, Sr., District Judge. Having carefully reviewed the parties' arguments, as well as this Court's order for defendants to "immediately implement" specific population reduction measures, Feb. 10, 2014 Order at 3 (ECF No. 2766/5060), 1 this Court now GRANTS IN PART Plaintiffs' motion for an order for further enforcement (ECF No. 2812/5220). Plaintiffs asked that defendants be ordered to: (1) impleme
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COURT ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR FURTHER ENFORCEMENT ORDER

THELTON E. HENDERSON, Sr., District Judge.

Having carefully reviewed the parties' arguments, as well as this Court's order for defendants to "immediately implement" specific population reduction measures, Feb. 10, 2014 Order at 3 (ECF No. 2766/5060),1 this Court now GRANTS IN PART Plaintiffs' motion for an order for further enforcement (ECF No. 2812/5220). Plaintiffs asked that defendants be ordered to: (1) implement 2-for-1 credits for minimum custody inmates who are ineligible for fire camps; (2) grant 33.3% credits to all non-violent second strikers, including those with a prior sex offense; and (3) implement new parole procedures for non-violent second-strikers by January 1, 2015.

The Court now GRANTS the third part of plaintiffs' motion. IT IS HEREBY ORDERED that defendants shall, on or before January 1, 2015, complete creation and commence operation of "a new parole determination process through which non-violent second-strikers will be eligible for parole consideration by the Board of Parole Hearings once they have served 50% of their sentence." Feb. 10, 2014 Order at 3. The record contains no evidence that defendants cannot implement the required parole process by that date, eleven months after they agreed to do so "promptly," Defs.' Jan. 23, 2014 Proposed Order at 2 (ECF No. 2755/5023) and were ordered to so do "immediately," Feb. 10, 2014 Order at 3. Defendants shall file a report describing the new parole process, including an estimate of the number of inmates who will be affected, on or before December 1, 2014.

The Compliance Officer shall continue conferring with the parties regarding plaintiffs' first two requests, which remain under submission. The parties shall file a stipulation and proposed order if they are able to reach agreement. If they cannot, then they shall file a joint statement narrowing their disputes as much as possible.

IT IS SO ORDERED.

FootNotes


1. All filings in this Three-Judge Court are included in the individual docket sheets of both Plata v. Brown, No. C01-1351 TEH (N.D. Cal.), and Coleman v. Brown, No. 2:90-cv-0520-KJM DAD (PC) (E.D. Cal.). This Court includes the docket number of Plata first, then Coleman.
Source:  Leagle

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