U.S. v. COLE, 2:14-cr-00269-GEB. (2015)
Court: District Court, E.D. California
Number: infdco20150518685
Visitors: 18
Filed: May 15, 2015
Latest Update: May 15, 2015
Summary: ORDER GARLAND E. BURRELL, Jr. , Senior District Judge . On May 11, 2015, Defendant filed in propria persona a "Petition for Writ of Mandamus," against the Sacramento County Main Jail ("SCMJ"), in which he seeks an order requiring the SCMJ to immediately comply with the Rulings of the Supreme Court of the United States . . . to provide meaningful access to the courts[,] . . . hold a due process hearing to confine prisoners to "T-Sep" or "Maximum A" security confinement in accord with Hut
Summary: ORDER GARLAND E. BURRELL, Jr. , Senior District Judge . On May 11, 2015, Defendant filed in propria persona a "Petition for Writ of Mandamus," against the Sacramento County Main Jail ("SCMJ"), in which he seeks an order requiring the SCMJ to immediately comply with the Rulings of the Supreme Court of the United States . . . to provide meaningful access to the courts[,] . . . hold a due process hearing to confine prisoners to "T-Sep" or "Maximum A" security confinement in accord with Hutt..
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ORDER
GARLAND E. BURRELL, Jr., Senior District Judge.
On May 11, 2015, Defendant filed in propria persona a "Petition for Writ of Mandamus," against the Sacramento County Main Jail ("SCMJ"), in which he seeks an order requiring the SCMJ to
immediately comply with the Rulings of the Supreme Court of the United States . . . to provide meaningful access to the courts[,] . . . hold a due process hearing to confine prisoners to "T-Sep" or "Maximum A" security confinement in accord with Hutto v. Finney, . . . and to provide medically necessary treatments in accord with Estelle v. Gambell. . . .
(Def.'s Proposed Order ISO Pet., ECF No. 79, ECF pp 8-10.) Defendant contends in his Petition that he "is being held in `Maximum A' secure housing in solitary confinement . . . without a due process hearing or written statement of the reasons . . . in violation of California law for prisoner rights. . . ." (Def.'s Pet. 2:9-15.) Defendant also asserts:
This punishment is excessive and therefore cruel and unusual. . . . This denies law library access and the ability to do medically necessary physical therapy. The [SCMJ] fails and/or refuses to provide: copies in a timely and reasonable manner, mail services, paper, pens, stamps, notorial services, or assistance in producing and filing meaningful legal papers. [SCMJ] is depriving inmates, including [Defendant], of meaningful access to courts . . . continually.
(Id. at 2:15-25.)
The Court construes Defendant's petition as a prisoner civil rights complaint. Therefore, the Clerk shall use this filing, (ECF No. 79), to open a new prisoner civil rights action.
Source: Leagle
