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United States v. Cole

United States District Court, Ninth Circuit, California, E.D. California
May 15, 2015
2:14-cr-00269-GEB (E.D. Cal. May. 15, 2015)

Opinion


UNITED STATES OF AMERICA, Plaintiff, v. BRENT DOUGLAS COLE, Defendant. No. 2:14-cr-00269-GEB United States District Court, E.D. California. May 15, 2015

          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.


Summaries of

United States v. Cole

United States District Court, Ninth Circuit, California, E.D. California
May 15, 2015
2:14-cr-00269-GEB (E.D. Cal. May. 15, 2015)
Case details for

United States v. Cole

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. BRENT DOUGLAS COLE, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: May 15, 2015

Citations

2:14-cr-00269-GEB (E.D. Cal. May. 15, 2015)