Opinion
1:17-cv-01356-SAB (PC)
12-09-2021
JAMES C. McCURDY, Plaintiff, v. S. KERNAN, et al., Defendants.
ORDER GRANTING PLAINTIFF'S MOTION TO CORRESPOND WITH INMATE WITNESS CHRISTOPHER PRICE (ECF NO. 107)
Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff's motion to correspond with inmate witness Christopher Price, filed November 29, 2021. (ECF No. 107.) On December 8, 2021, Defendant filed a response. (ECF No. 117.)
Defendant submits that “[i]t is possible, upon approval of the wardens or other person in charge, to allow inmate McCurdy and inmate Price to correspond via written communication, however, pursuant to CDCR Department Operations Manual (DOM), section 54010.12.1, inmate-to-inmate written correspondence does not meet the criteria for ‘confidential correspondence.” (ECF No. 117 at 2.) Thus, if Plaintiff wishes to correspond with inmate Price, both inmates must stipulate that the contents of their communication is not confidential. (Id.)
Accordingly, it is HEREBY ORDERED that Plaintiffs motion to correspond with inmate witness Christopher Price, CDCR No. K40978 is GRANTED, subject to a stipulation signed by both Plaintiff and inmate Price that such communication is not confidential in nature.
IT IS SO ORDERED.