Opinion
S264414
10-07-2020
WADE (CHANCELLOR) ON H.C.
C092401 Third Appellate District
Petition for review granted; transferred to Court of Appeal, Third Appellate District, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Third Appellate District. That court is ordered to vacate its summary denial dated August 20, 2020, and is further directed to issue an order to show cause, returnable before the Sacramento County Superior Court. The Secretary of the Department of Corrections and Rehabilitation is to be ordered to show cause, when the matter is placed on calendar, why petitioner is not entitled to the relief sought.
This court recognizes the urgency of the present matter and remains concerned about the risks that the conditions of confinement in Folsom State Prison may pose for petitioner and the other inmates confined there. We direct the superior court to expedite the proceedings to ensure prompt and effective resolution of these time-sensitive issues. To that end, the parties or the superior court on its own motion may shorten time for any filings to further an expedient resolution. (Cal. Rules of Court, rule 4.551(h).)
The parties may, by letter brief, continue to provide this court with status updates as the situation warrants.
Liu, J., is of the opinion the petition should be granted.
Votes: Cantil-Sakauye, C. J., Corrigan, Cuéllar, Kruger, and Groban, JJ.