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Williams v. Hickman

United States District Court, E.D. California
May 23, 2008
1:05-cv-01649-LJO-GSA-PC (E.D. Cal. May. 23, 2008)

Opinion

1:05-cv-01649-LJO-GSA-PC.

May 23, 2008


ORDER GRANTING EXTENSION OF TIME TO FILE OBJECTIONS (Doc. 14) ORDER FOR CLERK TO SEND COPY OF COMPLAINT TO PLAINTIFF (Doc. 1) THIRTY DAY DEADLINE TO FILE OBJECTIONS


On May 14, 2008, the Magistrate issued findings and a recommendation to dismiss this action for plaintiff's failure to comply with the court's order of March 25, 2008, which required him to file an amended complaint within thirty days. Plaintiff was given thirty days in which to file objections to the findings and recommendation. On May 21, 2008, plaintiff filed a motion for an extension of time to file objections. (Doc. 14.) In the motion, plaintiff explained that he has been without his property for more than four months, and he has trouble focusing because of medication he takes. Plaintiff also requested a copy of his complaint. Plaintiff's motion shall be granted.

Accordingly, good cause having been presented to the court, and GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for an extension of time to file objections is GRANTED. Within thirty (30) days from the date of service of this order, plaintiff shall file objections to the Magistrate's findings and recommendation issued on May 14, 2008; and
2. The Clerk is DIRECTED to send to plaintiff a copy of his complaint filed on December 30, 2005.

IT IS SO ORDERED. Babby James Williams 1: 05 CV 01649 REC DLB PC 42 U.S.C. § 1983 Bobby James Williams c/o LT. LUNA, c/o SGTITIBRACKEN, c/o CARUSO, AND c/o CONTRERAS N/A N/A N/A N/A N/A N/A II. Exhaustion of Administrative Remedies X ALL X X PARTIALLY GRANTED AT THE SECOUND LEVEL OF REVIEW MAR. 4, 2005 42 U.S.C. § 1983 42 U.S.C. § 1997e Booth v. Churner, 121 S. Ct. 1819 1825 must Id. N/A N/A N/A N/A N/A facts

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (Name of Plaintiff) (Case Number) vs. COMPLAINT Roderick Q. Hickman (DIRECTOR-C.D.C.R.) Civil Rights Act, Jeanne S. WoodFord (DIRECTOR-C.D.C.R.) L.E. SCRIBNER (CHIEF DEPUTY WARDEN S.V.SP) (Names of all Defendants) I. Previous Lawsuits (list all other previous or pending lawsuits on back of this form): A. Have you brought any other lawsuits while a prisoner? Yes _____ No _____ B. If your answer to A is yes, how many? __________ Describe previous or pending lawsuits in the space below. (If more than one, use back of paper to continue outlining all lawsuits.) 1. Parties to this previous lawsuit: Plaintiff Defendants _____________________________________________________________________________________ _____________________________________________________________________________________ 2. Court (if Federal Court, give name of District; if State Court, give name of County) 3. Docket Number 4. Assigned Judge 5. Disposition (For example: Was the case dismissed? Was it appealed? Is it still pending?) 6. Filing date (approx.) 7. Disposition date (approx.) A. Is there an inmate appeal or administrative remedy process available at your institution? Yes No _____ B. Have you filed an appeal or grievance concerning of the facts' contained in this complaint? Yes No _____ If your answer is no, explain why not _________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ C: Is the process completed? The process is completed (exhausted) if: (1) your appeal was granted at one of the levels of review, or (2) you pursued your appeal to the final level of review available. Yes If your answer is yes, briefly explain what happened at each level. _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ No _____ If your answer is no, explain why not. _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ NOTICE: Pursuant to the Prison Litigation Reform Act of 1995, "[n]o action shall be brought with respect to prison conditions under [], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." (a). If there is an inmate appeal or administrative remedy process available at your institution, you may not file an action under Section 1983, or any other federal law, until you have first completed (exhausted) the process available at your institution. You are required to complete (exhaust) the inmate appeal or administrative remedy process before filing suit, regardless of the relief offered by the process. , (2001). Even if you are seeking only money damages and the inmate appeal or administrative remedy process does not provide money, you exhaust the process before filing suit. at 1821. III. Defendants (In Item A below, place the full name of the defendant in the first blank, his/her official position in the second blank, and his/her place of employment in the third blank. Use item B for the names, positions and places of employment of any additional defendants.) A. Defendant is employed as; at B. Additional defendants ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ IV. Statement of Claim (State here as briefly as possible the of your case. Describe how each defendant is involved, including dates and places. Do not give any legal arguments or cite any cases or statutes. Attach extra sheets if necessary.) Exhibit

I declare under penalty of perjury that the foregoing is true and coffect.12. 27, 2005

Date Signature of Plaintiff ___________________________________________ Exhibit

INMATE APPEALS BRANCH

1515 S Street, Sacramento, CA 95814

P.O. Box 942883

Sacramento, CA 94283-0001

August 20, 2005

Williams, CDC #K-08880

Salinas Valley State Prison

P.O. Box 1020

Soledad, CA 93960-1020

Re: Institution Appeal Log #SVSP-D-05-00320 Staff Complaint

Dear Mr. Williams:

The enclosed documents are being returned to you for the following reasons:

An appellant must submit the appeal within 15 working days of the event or decision being appealed, or of receiving a lower level decision in accordance with CCR 3084.6(c).

Your assigned counselor, the Appeals Coordinator, or your Parole Agent can answer any questions you may have regarding the appeals process. Library staff can help you obtain any addresses you need.

Exhibit SUPPLEMENT PAGE RE:

Salinas Valley State Prison Second Level Reviewer's Response Appeal Log # SVSP-D-05-00320 Date: Monday, February 28, 2005 Inmate: WILLIAMS, K08880 APPEAL ISSUE: STAFF COMPLAINT

APPEAL DECISION: PARIALLY GRANTED APPEAL REPONSE: You have filed a Staff Complaint against OFFICERS CARUSO, CONTRERAS.AND SGT. BRACKEN alleging staff misconduct. The Informal Level Response and the First Level Response have been waived in accordance with the Departmental Operations Manual (DOM) Section 31140 and Administrative Bulletin # 98/10.

Your allegations of misconduct have been referred for investigation. You will be advised of the findings of the investigation upon completion. However, be advised, inmates do not dictate staff disciplinary action. In the event that employee misconduct is detected, appropriate corrective or adverse action will be initiated or recommended by administration. However, any personnel action taken shall remain confidential and will not be disclosed to inmates, other employees, or the general public.

For the reasons cited, your action requested is being PARTIALLY GRANTED at the Second Level of Review.

Exhibit

TRANSITIONAL CASE MANAGEMENT PROGRAM San Diego/Kern Counties

NAME: WILLIAMS, BOBBY CDC: K08880 PLEASE GIVE THIS NOTICE TO YOUR PAROLE AGENT UPON RELEASE

Dear Parole Agent:

This letter is to inform you that the above referenced paroiee has not yet received a POC appointment notice. However, your parolee is still required to attend the Parole Outpatient Clinic (POC). Therefore, your parolee will require your assistance to ensure that he/she receives an appointment and continues to follow up at the POC, as required.

Please assist your parolee with contacting his/her designated POC to obtain an appointment date and time. For convenience, the numbers are provided for you:

REGION I — (916) 255-2806 REGION II — (510) 622-4781 REGION III — (213) 977-6810 REGION IV — (909) 468-2301 Your cooperation in providing assistance for your parolee with his/her POC appointment is greatly appreciated. Attendance at POC is a very important part of parole to ensure that your parolee remains successful once he/she is released from prison.

Sincerely,

PAROLE INFORMATION TO HELP PAROLEES

UPON RELEASE:

Each parolee is given $200.00 for his use. This money is to last 2 weeks. If you have to use this money for transportation home, tell your parole agent and that money will be refunded.

The parole office has been allotted $2000.00 for the parolee's use if needed. Ask your parole agent for $100.00 at a time. The money is for your use, you are very much ENTITLED to this money if you can show good cause for using it. If your parole agent acts as if he cant or or doesnt want to give it ot you, file a C.D.C. 602 form on him or her.

RENT AND UTILITIES:

The parole office will help you with your RENT DEPOSIT when you first get out of prison.

In an emergency, the parole office will pay the DEPOSIT FOR UTILITIES.

The parole procedures manual?. 721(b) States; A PAROLEE IS ELIGIBLE FOR $30.?00 to $50.00 LOANS A MONTH IF A TRUE NEED CAN BE JUSTIFIED.

CLOTHING, SHELTER, FOOD AND MEDICAL:

The parole office will give you, $200.00 in voucher form for CLOTHING when you first get out.

If clothing is needed for the parolee he or she, can get them pursuant to Parole Percedures manual. section 721(b) with the supervision of your parole agent. Section 2355 and 3500 both state that "PAROLE" is the actual transfer of a inmate to the supervision of a parole agent. Funding for clothing would come under case records manual. 4614(a).

Pursuant to Title 15 of the California administration code sections 2355 and 3500, states that, Any parolee that is still on parole, is still within the custody of the Department of Corrections and must be provided with all the necessities he was provided while in the custody of the C.D.C. Thus FOOD, SHELTER, MEDICAL, DENTAL, EMPLOYMENT AND TRANSPORTATION, ARE APART OF THAT PROGRAM. (A parolee needs to use the above sections to justify his rights).

*602 IF YOU DONT GET RESULTS CONTACT THE FOLLOWING: DEPARTMENT OF CORRECTIONS 630 K STREET SACRAMENTO, CA. 94283-0001 PHONE # (916)445-7688

TOOLS FOR WORK ALLOTMENT

Sections 4616(a)(b)(c), of the case records manual States as follows: TOOLS; (a) Funds for tools are not included in the parolee's release funds. The Parole and Community Services Division through it's "assistance" to paroled and discharged prisoners, a cash assistance allotment may assist parolee to purchase basic tools they need for employment.

This allotment constitutes a loan to the parolee and should be repaid some time during the parole period. (b) Once the proper tools have been identified to the satisfaction of the agent and parolee, thesupervisor will request a check in the total amount from the parole and community services division Headquarters Office. The parolee will sign the "Cash Assistance Loan Receipt" prior to receiving the check. (c) If the parolee absconds before the loan is repaid the agent will attempt to recover the tools for later use by another parolee.

HOUSING, CLOTHING, FOOD, AND VOCATIONAL REHAB.

After your release from prison, proceed to the nearest Department of Health and Human Service Offices to receive an immediate 180.00 in food stamps, a housing voucher, a clothing voucher, those are authorized pursuant to R.C.W. 9.95.310. Also upon release go to the department of vocational rehabilitation, you can receive funding that you dont have to pay back: $1000.00 for an auto or truck, $400.00 for tools, $300.00 for work clothes.

Here is an address for financial aid which is available to Parolee's:

OFFICE OF THE ECONOMIC (E.O.G.)

1200. 19th St.

WASHINGTON, D.C. 20410

You are now a minority and eligible for all benefits. Targeted tax credits will give your employer a $3000.00 tax credit for the first year and $8500.00 for the 2nd year. If your employer trains you for a certain skill the Federal Government will pay half your wages, the first year in addition to the tax cut.

The Minority business Development Assistance, grants from $10,000.00 and up. This is a non-profit organization and you must fill out the proper forms for application eligibility:

CHIEF GRANT ADMINISTRATION DIVISION MINORITY BUSINESS DEVELOPMENT AGENCY DEPT. OF COMMERCE WASHING, D.C. 20230 DISADVANTAGED MINORITY

The concept of the Disadvantaged Minority comes from the Federal Law; The Equal Opportunity Act of 1975, classifies two groups as being in this category:

(1) EX-FELONS AND VIETNAM VETERANS. DEPARTMENT OF REHABILITATION

According to Federal law you are disabled due to being incarcerated. (DO NOT TAKE NO FOR AN ANSWER!!!) Ther are locations though out the country. There are myths about procedure concerning the Department of Rehabilitation. It is first necessary to understand that the Dept. of Rehab. is a state agency recieving funding from Federal money.

A conicted felon is a Depressed Minority, you also qualify for a certain benefit package. The amount of this benefit is $1900.00 to be used for a down payment on a car. The car must be needed to go back and fourth to work.

S.S.I. or S.S.

If you are under S.S. or S.S.I. you automatically qualify under the federal law. Rehabilitation can in fact put you in training at a specialized school, or the completion of courses taken in prison. They can supply you either the tools if you have a trade, the law states: "DIRECT LOANS WITE UNRESTRICTED USE" Currently the rules for obtaining a grant, which does not have to be paid back includes:

1. $1900.00 For Auto
2. $400.00 For Tools
3. $300.00 Work Tools
4. $400.00 Street Clothes

EMPLOYMENT DEVELOPMENT DEPARTMENT

At most unemployment offices, there are special counselors to help parolee's with their needs.

For help in finding work call: 1-800-for-a-job (J.T.P.A.)

This is a grant that does not have to be paid back! With the current legislation, unemployment is available. The procedure is as follows: Employment Development Department (E.D.D.) which is located in the city where you will be paroled or released to, There is a waiting period of of four days, after which you will receive a check for between $52.00 and $57.00 per week.

If you need to be bonded for employment by a private employer, you can obtain the bond from any U.S. DISTRICT COURT, and then go to the PROBATION AND PAROLE DEPT. It should take less than an hour to have the validated form in your hands.

SOCIAL-SECURITY BENEFITS INFORMATION

Supplemental Social Income, S.S.I. can be described as a form of welfare that is paid through the Social Security Office.

Different from Social Security benefits, there is no need to qualify as far as your past income is concerned. The whole purpose of S.S.I. is to help you as a recently released ex-felon by relieving part of the economic pressure you will be facing as you re-enter society and try to re-establish yourself as a productive member in your community. You automatically qualify for S.S.I. simply by being, an ex-offender just released from prison. You qualify for S.S.I. because you are unemployed and considered disabled. Fedral Legislation at this time documents recognition that you are an ex-felon to the fact that you have an emotional problem, basically the Government has declared that had you not had this problem you would have been able to conform to the rules of society, thus preventing your commission of a crime. Regaurdless of whether or not you feel or accept the fact that you as an ex-offender do in fact have this emotional problem, it is considered by both Federal, State Rehabilitation. Commission to be a DISABILITY according to the curry rent policies. Mental and Emotional problems constitute a 100% disability and you will be considered to have this disability until you have become a "productive member" of society.

After your release, you as a parolee will otherwise qualify for assistance of up to $310.00 per month. Although you do qualify, you will not be abe to receive your S.S.I. benefits while you are still in prison waiting release. You by law have only 30 hours after your release to reach the nearest Social Security Office and submit your application. It is necessary that you take the required steps before your release date and apply for these benefits, or you will loose the opportunity to take advantage of S.S.I. So at least 90 days prior to your release and after you have signed your parole plans. The C.D.C. will send in your application to be processed, to the Social Security Office where you live, explain that you are in prison and your release date. Fillout the application as effectively as possible then return it to the office nearest you. They can and will turn you down 3 times before granting this to you, if you follow these steps to the (TEE) you should have a check waiting for you in the amount of $930.00 (AT $310.00 A MONTH FOR THREE MONTHS). Supplemental Social Income is covered under the United States Law:

42 USMC 1383(e): 20CFR 416.305

Go immediately to the nearest Social Security Office and ask to speak to a counselor so that you can apply for Social Security Insurance Supplemental Benefits of $1500.00. Explain that you are emotionally and rentally un-prepared to hold a job. Show them yourparole or mandatory release papers in order to prove that you are just out of prison. NOTE: You should receive a check within 72 hours.

This payment is authorized under R.C.W. 73.02.040 Public law 93.365.603 You are ineligible to receive this payment while you are incarcerated, but you may apply while you are incarcerated.

Two months prior to your release, send a latter of inquiry to the dept. of Health and Human Services, Social Security Administration,

P.O.Box 19001

Olympia, Washington, 98507

Your inquiry is about the definition of disadvantaged minority benefits available pursuant to R.C.W. 74.99.101 for purposes of seeking employment, ex-felons as a class are considered to be DISADVANTAGED MINORITIES.

BANK LOANS

Once you have S.S.I., you can qualify for a loan up to $5,000.00 from any bank in the area. The loan is guaranteed by the Federal government and must be paid back. Then go to the Department of Vocational Rehabilitation because you are on S.S.I.

SMALL BUSINESS ADMINISTRATION

The S.B.A. has a program for ex-felons. You are qualified to receive a S.B.A. loan for up to $50,000.00 this loan is only given in cases of business pursuits, and it will be called a "STARTER" loan. Also the S.B.A. will provide professional assistance to help you plan employment. You must be bonded for this loan. Federal agencies wil show you how to be bonded for free (FEDERAL H.C.W., H.O.W.) if no other organization will Because you are a ex-felon the loan must be repaid to the S.B.A. The annual percentage rates are the lowest offered for two reasons (1) YOU ARE AN EX-FELON. (2) BUSINESS LOANS ARE LESS THAN A RISK THAN CONVENTUAL LOANS ARE.

If you want to start a small business make alist of the appropriate costs of all the equipment you willneed (Tools, Set Up Cost, Work Clothes Ect.) and an estimate for how much operating cash you will need to start up the business until it begins to make a living for you. They may loan you up to $50.000.00 dollars.

The Small Business Administration will loan you up to $240.000.00 for the small business of your choice. They willalso loan you up to $5.000.00 for any vehicle you wish and a $1500.00 loan for any vehicle you use for work. The Federal Government guarantees a loan and bonding up to $10.000.00

USE ALL OF THIS INFORMATION AND YOU CAN BE NOTHING LESS TEAN A WINNER!!!

Exhibit

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS INMATE APPEALS BRANCH P.O. BOX 942883 SACRAMENTO, CA 94283-0001 DIRECTOR'S LEVEL APPEAL DECISION

Date: MAR 09 2005

In re: Williams, K-08880

Salinas Valley State Prison

P.O. Box 1020

Soledad, CA 93960-1020

IAB Case No.: 0406858 Local Log No.: SVSP 04-03557

This matter was reviewed on behalf of the Director of the California Department of Corrections (CDC) by Appeals Examiner J. Stocker, Facility Captain. All submitted documentation and supporting arguments of the parties have been considered.

I. APPELLANT'S ARGUMENT: It is the appellant's position that he has been deprived of heart medication and a mattress for three days. He has a history of heart attack and is having chest pains. He has told several medical staff members but no one will give him his heart medication. He is requesting transfer to a medical facility where he can receive his heart medication as prescribed.

II SECOND LEVEL'S DECISION: The reviewer found that the appellant was issued "carry" medications to take as prescribed, but he was placed in the Administrative Segregation Unit (ASU) after they were dispensed and they may have been disallowed by custody staff upon transfer. The procedure is for the custody officer to take the medications to the nursing staff at the new facility clinic. The appellant may have been deprived of his medications. The medications have been re-prescribed for the appellant and he has received aspirin, atenolol, and isosorbide. The appellant underwent an electrocardiogram on or about December 16, 2004; the results were normal. He is receiving appropriate treatment for his conditions. There is no medical need for a transfer.

III DIRECTOR'S LEVEL DECISION: Appeal is denied.

A. FINDINGS: Medical staff report in the Second Level Review that custody staff may have failed to follow procedure to take control of "carry" medications when the appellant was moved from general population to the ASU and deliver the medication to a nurse in the receiving facility for issuance to him. According to C. Kates, Licensed Vocational Nurse, Salinas Valley State Prison (SVSP), on January 27, 2005, the appellant's assertion of nonreceipt of his medication was not confirmed. It was supposition that an omission may have contributed to the lapse in the appellant's medication. CDC and SVSP have procedures for the handling of inmate medication orders when the inmate is transferred to another facility, including the ASU. For "carry" or self-administered medication there is no procedure. However, the appellant is responsible to control his medication and take it as prescribed. There is no reliable information in this case to determine what happened to the appellant's medication. It is important for custody staff to ensure the continuity of medications, either by allowing inmates to take them with them to the new facility or to seek advice from medical staff. There is insufficient evidence in this case to validate the appellant's claims or to warrant an order to take any further action.
B. BASIS FOR THE DECISION:
California Code of Regulations, Title 15, Section: 3270, 3350, 3375, 3379 CDC Health Care Services Policies and Procedures Manual, Volume 4, Chapter 11.
C. ORDER: No changes or modifications are required by the institution.

This decision exhausts the administrative remedy available to the appellant within CDC.


Summaries of

Williams v. Hickman

United States District Court, E.D. California
May 23, 2008
1:05-cv-01649-LJO-GSA-PC (E.D. Cal. May. 23, 2008)
Case details for

Williams v. Hickman

Case Details

Full title:BOBBY JAMES WILLIAMS, Plaintiff, v. RODERICK O. HICKMAN, et al., Defendants

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

Date published: May 23, 2008

Citations

1:05-cv-01649-LJO-GSA-PC (E.D. Cal. May. 23, 2008)