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COLEMAN v. BROWN, 2:90-CV-00520-KJM-KJN. (2015)

Court: District Court, E.D. California Number: infdco20151229731 Visitors: 2
Filed: Dec. 28, 2015
Latest Update: Dec. 28, 2015
Summary: STIPULATION AND ORDER MODIFYING FEBRUARY 3, 2015 ORDER REGARDING FIRST WATCH SECURITY/WELFARE CHECKS AT PELICAN BAY STATE PRISON SECURITY HOUSING UNIT KIMBERLY J. MUELLER , District Judge . The parties, with the concurrence of the Special Master, stipulate as follows: Because of the unique design of the Pelican Bay State Prison Security Housing Unit (SHU), Security/Welfare Checks utilizing Guard One shall temporarily be conducted only once per hour during First Watch (2200 hours to 0600 ho
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STIPULATION AND ORDER MODIFYING FEBRUARY 3, 2015 ORDER REGARDING FIRST WATCH SECURITY/WELFARE CHECKS AT PELICAN BAY STATE PRISON SECURITY HOUSING UNIT

The parties, with the concurrence of the Special Master, stipulate as follows:

Because of the unique design of the Pelican Bay State Prison Security Housing Unit (SHU), Security/Welfare Checks utilizing Guard One shall temporarily be conducted only once per hour during First Watch (2200 hours to 0600 hours) while Defendants work to assess and possibly reduce the noise caused by the opening and closing of the Unit's pod doors. Defendants since early August 2015 have been conducting twice-hourly Security/Welfare Checks at the Pelican Bay SHU, including during First Watch, in compliance with the Court's February 3, 2015 Order (Docket # 5271). Plaintiffs have requested this temporary change in the frequency of First Watch Security/Welfare Checks at the Pelican Bay SHU.

Defendants anticipate that contract work to assess pod-door noise will commence during the last week of January 2016. Defendants shall report to the Special Master and Plaintiffs immediately if there is any change to that schedule.

No later than April 1, 2016, Defendants shall report to the Special Master and Plaintiffs regarding the status of the contract work, including any changes made to the pod doors, any determinations Defendants have made regarding the pod doors, and any time-frames for further work regarding those doors.

The parties shall thereafter confer with the Special Master regarding this matter, and if necessary conduct a site visit to the Pelican Bay SHU to assess any changes relating to pod-door noise. This Stipulation will expire on May 1, 2015, but may be continued by further Stipulation and concurrence of the Special Master.

IT IS SO STIPULATED.

ORDER

In approving the parties' stipulation, the court clarifies that the stipulation will expire on May 1, 2016, unless the court orders otherwise before that date.

IT IS SO ORDERED.

Source:  Leagle

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