Civil Rights Litigation Clearinghouse

Case: Gilmore v. State of California

3:66-cv-45878 | U.S. District Court for the Northern District of California

Filed Date: Oct. 27, 1966

Closed Date: 2015

Clearinghouse coding complete

Case Summary

In 1966, Robert Gilmore, an inmate at San Quentin, brought this suit against the California Department of Corrections (CDC) in the U.S. District Court for the Northern District of California. The plaintiff alleged that policies regarding inmate access to law libraries, legal materials, and legal assistance violated his constitutional rights. The Gilmore case was consolidated with twenty-five other cases filed by inmates at facilities administered by the CDC.In 1970, the District Court issued an…

In 1970, the District Court issued an order enjoining the CDC from enforcing Prison Regulation 330.041, finding that it denied inmates reasonable access to the courts. Gilmore v. Lynch, 319 F.Supp. 105, (N.D.Cal.1970), on remand from, Gilmore v. Lynch, 400 F.2d 228, 231 (9th Cir.1968) (reversing district court's determination that case did not present substantial question of constitutional law requiring consideration by three-judge court under 28 U.S.C. § 2281). The U.S. Supreme Court affirmed in a summary opinion. Younger v. Gilmore, 404 U.S. 15 (1971). In 1972, the three-judge panel approved the defendants proposed new regulations and ordered that the regulations be adopted.

In 1976, the CDC filed a compliance memorandum with the District Court, detailing the modifications made to the prison libraries. In 1977, the District Court denied the plaintiffs leave to amend their complaint and ordered plaintiffs' counsel to prepare a final judgment in the matter.

Following negotiations on the issue of attorneys' fees, in 1979, the District Court awarded attorneys' fees to plaintiffs and ordered that the case be dismissed upon satisfaction of the payment of the fees. Six months later, the case was dismissed, subject to the right of plaintiffs to seek enforcement of the District Court's 1972 Order in the future.

There was no activity on the case for the next seventeen years.

In 1997, the defendants filed a motion under the Prison Litigation Reform Act (PLRA), to terminate the 1972 injunction. The plaintiffs opposed the motion, arguing that the termination provision of the PLRA was unconstitutional, or that the PLRA's termination requirements had not been met. On January 13, 1998, the District Court (Judge Susan Y. Illston) granted the defendants' motion for termination, finding that the PLRA provisions, as applied, were constitutional. The plaintiffs appealed.

On appeal, the Gilmore case was consolidated with the case Thompson v. Gomez, PC-CA-0012, in this Clearinghouse. On April 4, 2000, the Court of Appeals for the Ninth Circuit reversed and remanded both cases. The Appellate Court (Judge Betty Binns Fletcher) held that the termination provision of the PLRA was constitutional but that both the Gilmore and Thompson District Courts should have taken evidence on the current circumstances at the prisons and examined the court record and the relief granted by the respective decrees in order to determine whether each was narrowly tailored and minimally intrusive, and should not have simply considered whether there were any explicit findings to this effect. Gilmore v. People of the State of California, 220 F.3d 987 (9th Cir. 2000). The Ninth Circuit remanded the case to the District Court.

After informal negotiations between the parties, the CDC recognized that it needed additional time to determine the efficacy of various options to provide adequate law library resources. As a result, in 2002 the CDC decided not to renew its motion to terminate the 1972 injunction. The parties continued to investigate the conditions in the prisons and the options for ensuring adequate law library access.

During this period, inmates filed individual motions alleging that the CDC was violating the 1972 injunction by providing inadequate access. For example, on March 15, 2007, class member Charles T. Davis filed a pro se motion for order to show cause for civil and criminal contempt. Davis' motion alleged that the defendants violated the decree. The plaintiff class's attorneys investigated Davis' allegations and determined that no further action from the court was necessary; the defendants concurred. Accordingly, on April 23, 2007, the court denied Davis' motion. The court also directed that all future Gilmore-related grievances and motions put forth by pro se inmates be resolved informally between class counsel and defense counsel, without court intervention, unless counsel reach an unresolvable conflict.

On October 30, 2009, the state again filed a motion to terminate the 1972 injunction under the Prison Litigation Reform Act. On December 29, 2009, the District Court (Judge Illston) denied the defendants' motion for a protective order and their motion to bifurcate the hearing on their motion to terminate the 1972 injunction. 2009 WL 5218049. After conducting discovery, however, the plaintiffs withdrew their opposition to the termination motion on April 12, 2010. Accordingly, on April 16, 2010, the District Court granted the defendants' motion to terminate the 1972 injunction. On June 29, 2010, the parties agreed that the defendants would pay $149,669 in attorneys' fees and costs.

After the case was dismissed, an individual inmate filed a motion for injunctive relief for contempt, complaining that he has been denied sufficient access to the prison law library, in particular the law computer. He sought a temporary injunction requiring the warden of California Medical Facility, where he was incarcerated, to provide him with law library and law computer access. On September 7, 2010, the District Court issued an order regarding his motion informing him that the case was closed and that he would have to file his own case. In addition, other inmates continued to file motions for contempt. The District Court repeatedly responded that the case had been dismissed and that the inmates had to pursue independent cases.

On February 11, 2015, another inmate wrote a letter to the court alleging that the defendants were again denying access to the law library and legal materials. He include copies of letters he had written to the Prison Law Office, the plaintiffs' counsel in this case, describing the problems. As of February 5, 2016, the court has not responded to this letter.

show full summary

Summary Authors

Chris Sullivan (8/19/2005)

Jessica Kincaid (2/5/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5743295/parties/gilmore-v-people-of-california/

Judge(s)

Bright, Myron H. (North Dakota)

Chambers, Richard Harvey (Arizona)

Duniway, Benjamin Cushing (California)

Ely, Walter Raleigh Jr. (California)

Fletcher, Betty Binns (Washington)

Illston, Susan Yvonne (California)

Legge, Charles A. (California)

Merrill, Charles Merton (Nevada)

Thompson, David R. (California)

Wollenberg, Albert Charles (California)

Judge(s)

Bright, Myron H. (North Dakota)

Chambers, Richard Harvey (Arizona)

Duniway, Benjamin Cushing (California)

Ely, Walter Raleigh Jr. (California)

Fletcher, Betty Binns (Washington)

Illston, Susan Yvonne (California)

Legge, Charles A. (California)

Merrill, Charles Merton (Nevada)

Thompson, David R. (California)

Wollenberg, Albert Charles (California)

Zirpoli, Alfonso Joseph (California)

Attorneys(s) for Plaintiff

Halvonik, Paul (California)

Hardy, Alison (California)

Krause, Paul N. (California)

McClain, Damon Grant (California)

Specter, Donald H. (California)

Wahl, John (California)

Attorneys(s) for Defendant

Crown, Allen Robert (California)

de Kercor, Dianne (California)

DeKervor, Diane E. (California)

Granucci, Robert R. (California)

Lungren, Daniel E. (California)

Lynch, Thomas C. (California)

Nock, George (California)

Patterson, Thomas S. (California)

Roost, Kenneth (California)

Siggins, Peter J. (California)

Williamson, George H. (California)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

Document
Docket (PACER) Gilmore v. People of California	Feb. 18, 2003	Docket
Docket [PACER] Gilmore v. People of California	Feb. 18, 2015	Docket
Opinion Gilmore v. Lynch U. S. Court of Appeals for the Ninth Circuit 400 F.2d 228	Aug. 16, 1968	Order/Opinion
Certiorari Denied Lynch v. Gilmore Supreme Court of the United States 393 U.S. 1092	Feb. 26, 1969	Order/Opinion
Order Granting Relief Gilmore v. Lynch 319 F.Supp. 105	May 28, 1970	Order/Opinion
[Probable jurisdiction decision deferred] Lynch v. Gilmore Supreme Court of the United States 401 U.S. 906	Feb. 22, 1971	Order/Opinion
Order Denying Without Prejudice Motion to Strike Prayer for Damages Gilmore v. Lynch 330 F.Supp. 326	April 1, 1971	Order/Opinion
Per Curiam Opinion Younger v. Gilmore Supreme Court of the United States 404 U.S. 15	Nov. 8, 1971	Order/Opinion
Order Granting Defendants' Motion for Termination	Jan. 13, 1998	Order/Opinion
Appellate Opinion U. S. Court of Appeals for the Ninth Circuit 220 F.3d 987	April 4, 2000	Order/Opinion

Resources

Title	Description		External URL
The Oyez Project, Younger v. Gilmore, 404 U.S. 15 (1971). Oyez Project	Information about the Supreme Court litigation in this case, including the written opinion and an audio recording of the oral argument.	Nov. 8, 1971	http://www.oyez.org/cases/1970-1979/1971/1971_70_9/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5743295/gilmore-v-people-of-california/

Last updated May 19, 2022, 7:10 p.m.

Change selected docket

ECF Number	Description	Date	Link
174	CLERK'S NOTICE case management conference set for 2:00 2/2/01 ; [3:66−cv−45878] (rcs, COURT STAFF) (Entered: 11/30/2001)	Jan. 10, 2001
191	ORDER to show cause. Signed by Judge Illston on 1/23/06. (ts, COURT STAFF) (Filed on 1/24/2006) (Additional attachment(s) added on 1/13/2016: # 1 Order) (ysS, COURT STAFF). 1 Order View on PACER	Jan. 24, 2006	RECAP
175	STIPULATION and ORDER by Judge Susan Illston : continuing case management conference (cc: all counsel) [3:66−cv−45878] (rcs, COURT STAFF) (Entered: 11/30/2001)	Jan. 29, 2001
199	ORDER : This case shall be referred to the Court's electronic filing program pursuant to General Order 45. Signed by Judge Susan Illston on 3/13/06. (ys, COURT STAFF) (Filed on 3/14/2006)	March 14, 2006	RECAP
205	ORDER for service of process re Davis motion for OSC. Signed by Judge Illston on 3/15/07. (SI, COURT STAFF) (Filed on 3/15/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF). 1 Certificate of Service View on PACER	March 15, 2007	RECAP
176	CLERK'S NOTICE Further case management conference conference set for 2:30 1/18/02 (counsel must file the joint case management conference statement one week prior to the conference; [3:66−cv−45878] (ys, COURT STAFF) (Entered: 11/30/2001)	Nov. 27, 2001
	RECEIVED Stipulation and request to continue case management conference submitted by defendant People of California [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/09/2002)	Jan. 8, 2002
211	ORDER denying Davis's motion for an order to show cause and criminal contempt. Signed by Judge Illston on 4/23/07. (SI, COURT STAFF) (Filed on 4/23/2007)	April 23, 2007	RECAP
	RECEIVED Proposed Order continuing case management conference ( defendant People of California ) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/09/2002)	Jan. 8, 2002
214	ORDER re motion of Charles T. Davis to set aside class counsel's findings (SI, COURT STAFF) (Filed on 5/24/2007) Modified on 5/24/2007 (SI, COURT STAFF).FILED IN ERROR	May 24, 2007	RECAP
177	STIPULATION and REQUEST to continue case management conference. [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/10/2002)	Jan. 9, 2002
215	ORDER re motion of Charles T. Davis to set aside class counsel's findings. Signed by Judge Illston on 5/24/07. (SI, COURT STAFF) (Filed on 5/24/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF). 1 Certificate of Service View on PACER	May 24, 2007	RECAP
219	ORDER denying Motion of Charles T. Davis for final order of judgment (SI, COURT STAFF) (Filed on 7/25/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF). 1 Certificate of Service View on PACER	July 25, 2007	RECAP
178	ORDER by Judge Susan Illston Case management conference reset for 2:30 4/19/02 ; ( Date Entered: 1/10/02) (cc: all counsel) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/10/2002)	Jan. 9, 2002
226	ORDER acknowledging receipt of notice (SI, COURT STAFF) (Filed on 3/14/2008)	March 14, 2008	RECAP
179	CLERK'S NOTICE Initial case management conference reset for 2:30 5/3/02 ; [3:66−cv−45878] (ys, COURT STAFF) (Entered: 03/21/2002)	March 20, 2002
	RECEIVED Stipulation and request to take case management conference off calendar; proposed order submitted by defendant People of California [3:66−cv−45878] (ys, COURT STAFF) (Entered: 04/16/2002)	April 15, 2002
231	ORDER RE: MOTION FOR CONTEMPT FINDING re 230 . Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 8/1/2008) (Additional attachment(s) added on 8/5/2008: # 1 cs) (ys, COURT STAFF). 1 cs View on PACER	Aug. 1, 2008	RECAP
180	STIPULATION and ORDER by Judge Susan Illston : to take case management conference off calendar ; dismissing case ; Counsel may schedule a further case management conference in the future ; appeal filing ddl 5/17/02 (cc: all counsel) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 04/17/2002)	April 16, 2002
233	ORDER RE: MOTION FOR CONTEMPT FINDING re 232 .(SI, COURT STAFF) (Filed on 7/1/2009) (Additional attachment(s) added on 7/6/2009: # 1 cs) (ys, COURT STAFF). 1 cs View on PACER	July 1, 2009	RECAP
182	COPY of USCA Amended Order for attorneys fees: Attorneys fees in the amount of 23,229.05 is granted in the Gilmore matter and $29,184.16 in attorneys fees is granted in the Thompson matter. [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/06/2002)	Sept. 6, 2002
289	ORDER GRANTING REQUEST TO SHORTEN TIME. DEFT. IS DIRECTED TO SERVE COPIES OF THIS ORDER ON ALL PLAINTIFFS AND FILE A PROOF OF SERVICE. re 287 / (tf, COURT STAFF) (Filed on 12/7/2009)	Dec. 7, 2009	RECAP
295	ORDER DENYING DEFENDANTS' MOTION FOR A PROTECTIVE ORDER re 284 (SI, COURT STAFF) (Filed on 12/29/2009)	Dec. 29, 2009	RECAP
183	NOTICE of Change of Attorney Assigment by defendant People of California of attorney Thomas S. Patterson [3:66−cv−45878] (ys, COURT STAFF) (Entered: 02/18/2003)	Feb. 18, 2003
306	ORDER granting relief from page limit re 296 . (tf, COURT STAFF) (Filed on 1/11/2010)	Jan. 11, 2010	RECAP
184	MOTION before Judge Susan Illston for an Order to Show Cause re Contempt: Declaration of Willie Wisely by Willie Wisely. [3:66−cv−45878] (ys, COURT STAFF) (Entered: 07/12/2005)	July 12, 2005
185	ORDER by Judge Susan Illston for Service of Process. The clerk to serve counsel for plaintiffs and counsel for defendants re Motion [184−1]. The Court further invites either party to comment on the standing question presented in the motion. The parties should file their responses on or before 9/23/05. ( Date Entered: 8/25/05) (cc: all counsel) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 08/25/2005)	Aug. 24, 2005
310	ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL re 309 . (SI, COURT STAFF) (Filed on 2/1/2010)	Feb. 1, 2010	RECAP
313	ORDER continuing motion to 4/16/10 (tf, COURT STAFF) (Filed on 3/4/2010)	March 4, 2010	RECAP
186	RESPONSE by Plaintiff re order [185−1] [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/23/2005)	Sept. 23, 2005
318	ORDER DIRECTING PARTIES TO SUBMIT JOINT PROPOSED ORDER (SI, COURT STAFF) (Filed on 4/12/2010)	April 12, 2010	RECAP
187	Comment by defendant re [184−1] motion for an Order to Show Cause re Contempt: Declaration of Willie Wisely [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/26/2005)	Sept. 23, 2005
188	DECLARATION by Rob Churchill on behalf of defendant re Comment [187−1] [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/26/2005)	Sept. 23, 2005
323	ORDER granting extension (tf, COURT STAFF) (Filed on 4/29/2010)	April 29, 2010	RECAP
325	ORDER for payment of attorneys fees and costs re 324 . (tf, COURT STAFF) (Filed on 7/1/2010)	July 1, 2010	RECAP
189	MOTION for Hearing on Order to Show Cause re Contmpt; Declaration of Willie Wisely in support by Wilie Wisely . (ys, COURT STAFF) (Filed on 1/23/2006) (Entered: 01/23/2006)	Jan. 23, 2006
190	Ex Parte Motion for Transportation of Witnesses; Declaration of Willie Wisely. (ys, COURT STAFF) (Filed on 1/23/2006) (Entered: 01/23/2006)	Jan. 23, 2006
328	ORDER RE: MOTION FOR INJUNCTIVE RELIEF OF CONTEMPT re 326 . (SI, COURT STAFF) (Filed on 9/7/2010) (Additional attachment(s) added on 9/8/2010: # 1 Envelope) (tf, COURT STAFF). 1 Envelope View on PACER	Sept. 7, 2010	RECAP
329	ORDER RE: MOTION TO INTERVENE (EDWARDS) re 327 (SI, COURT STAFF) (Filed on 4/19/2011) Modified on 4/20/2011 (ys, COURT STAFF). (Additional attachment(s) added on 4/20/2011: # 1 Envelope) (tf, COURT STAFF). 1 Envelope View on PACER	April 19, 2011	RECAP
192	ORDER by Judge Susan Illston denying 189 Motion for Hearing, denying 190 Ex Parte Application. (ys, COURT STAFF) (Filed on 1/24/2006) (Entered: 01/25/2006)	Jan. 24, 2006
331	ORDER RE: MOTION FOR CONTEMPT 330 . In April 2010 the injunction in this action was terminated and the case has been closed. Therefore, the Court cannot continue to accept motions in this case. The Court advises Brown to again contact the Prison L aw Office, 1917 Fifth Street, Berkeley, California, 94710 if he wishes to pursue an independent legal action. (Illston, Susan) (Filed on 11/19/2012) Modified on 11/20/2012 (ysS, COURT STAFF). (Additional attachment(s) added on 11/21/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF). 1 Certificate/Proof of Service View on PACER	Nov. 19, 2012	RECAP
333	Objection 1 Certificate/Proof of Service (including Hoskins' envelope) View on PACER	July 16, 2018	PACER
193	Received Document Stipulation and proposed order re: request for an extension of time to file the joint report concerning findings regardings law library materials by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)	March 9, 2006
194	Declaration of Edith Degraff in support of 195 plaintiffs' request for an extension of time to file joint report concerning findings regarding law library materials filed byRobert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)	March 9, 2006
195	STIPULATION and Request for an extension of time to file the joint report concerning findings regarding law library materials by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)	March 9, 2006
196	Declaration of Megan Hagler in Support of 195 Stipulation and Request filed byRobert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (Related document(s) 195 ) (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)	March 9, 2006
	Received Document Stipulation and Proposed Order re: Status Conference. (ys, COURT STAFF) (Filed on 3/10/2006) (Entered: 03/10/2006)	March 10, 2006
	Set Deadlines/Hearings: Status Conference set for 4/14/2006 02:30 PM. (ys, COURT STAFF) (Filed on 3/13/2006) (Entered: 03/14/2006)	March 13, 2006
198	ORDER extending time to file the joint report concerning findings regarding law library materials to 3/31/06. Signed by Judge Susan Illston on 3/10/06. (ys, COURT STAFF) (Filed on 3/13/2006) (Entered: 03/14/2006)	March 13, 2006
200	JOINT CASE MANAGEMENT STATEMENT JOINT STATUS CONFERENCE REPORT filed by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison. (Attachments: # 1 # 2)(Specter, Donald) (Filed on 3/31/2006) (Entered: 03/31/2006)	March 31, 2006
201	CERTIFICATE OF SERVICE by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison re 200 Case Management Statement (Joint) (Specter, Donald) (Filed on 3/31/2006) (Entered: 03/31/2006)	March 31, 2006
202	Minute Entry: Further Case Management Conference held on 4/14/2006 before Illston (Date Filed: 4/18/2006). () (ts, COURT STAFF) (Date Filed: 4/18/2006) (Entered: 04/18/2006)	April 18, 2006
203	RESPONSE of Willie Wisely to re 200 Case Management Statement (Joint) : Declarations of Willie Wisely, Gavin Taylor by Willie Wisely. (ys, COURT STAFF) (Filed on 4/26/2006) (Entered: 04/27/2006)	April 26, 2006
204	Declaration re Contempt filed byWillie Wisely. (ys, COURT STAFF) (Filed on 9/27/2006) Additional attachment(s) added on 9/28/2006 (ys, COURT STAFF). (Entered: 09/28/2006)	Sept. 27, 2006
206	NOTICE of Motion and Motion for Order to Show Cause for Civil and Criminal Contempt by Charles T. Davis. (ys, COURT STAFF) (Filed on 3/15/2007) (Entered: 03/16/2007)	March 15, 2007
	REMARK: Order directing adoption of regulations to implement previous order granting relief mailed to counsels for plaintiffs and defendants by US mail. (ys, COURT STAFF) (Filed on 3/16/2007) (Entered: 03/16/2007)	March 16, 2007
207	RESPONSE to 205 Order for Service of Process by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison. (Specter, Donald) (Filed on 4/13/2007) Modified on 4/16/2007 (ys, COURT STAFF). (Entered: 04/13/2007)	April 13, 2007
208	CERTIFICATE OF SERVICE of 207 by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison (Specter, Donald) (Filed on 4/13/2007) Modified on 4/16/2007 (ys, COURT STAFF). (Entered: 04/13/2007)	April 13, 2007
209	Declaration of M. Williams in Support of 207 Response ( Non Motion ) filed byPeople of California. (Related document(s) 207 ) (ys, COURT STAFF) (Filed on 4/13/2007) (Entered: 04/16/2007)	April 13, 2007
210	Proposed Order denying Davis's motion for an order to show cause for civil and criminal contempt by People of California. (ys, COURT STAFF) (Filed on 4/13/2007) (Entered: 04/16/2007)	April 13, 2007
213	MOTION for Extension of Time to File Opposition by Charles T. Davis. (ys, COURT STAFF) (Filed on 4/25/2007) (Entered: 04/25/2007)	April 25, 2007
216	MOTION for Sanctions for intentional breach of counsel's fiduciary duties by Charles T. Davis. (ys, COURT STAFF) (Filed on 5/31/2007) (Entered: 05/31/2007)	May 31, 2007
217	MOTION for final order of judgment so that plaintiff may appeal the Court's May 24, 2007 Order re 215 Order by Charles T. Davis. (ys, COURT STAFF) (Filed on 7/9/2007) (Entered: 07/09/2007)	July 9, 2007
218	NOTICE of Change In Counsel by Kenneth T. Roost (Roost, Kenneth) (Filed on 7/20/2007) (Entered: 07/20/2007)	July 20, 2007
220	NOTICE OF APPEAL as to 219 Order on Motion for Sanctions by Charles T. Davis. (Appeal Filing Fee: Billed) (ys, COURT STAFF) (Filed on 8/22/2007) Additional attachment(s) added on 8/23/2007 (ys, COURT STAFF). (Entered: 08/23/2007)	Aug. 22, 2007
	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 220 Notice of Appeal. (ys, COURT STAFF) (Filed on 8/22/2007) (Entered: 08/23/2007)	Aug. 22, 2007
	Copy of Notice of Appeal and Docket sheet mailed to all counsel. (ys, COURT STAFF) (Filed on 8/22/2007) (Entered: 08/23/2007)	Aug. 22, 2007
	Mailed request for payment of docket fee to appellant (cc to USCA). (ys, COURT STAFF) (Filed on 8/23/2007) (Entered: 08/23/2007)	Aug. 23, 2007
	USCA Case Number 07−16524 for 220 Notice of Appeal. (rcs, COURT STAFF) (Filed on 9/4/2007) (Entered: 09/06/2007)	Sept. 4, 2007
	Received Document Letter dated 8/29/07 Re: petition for writ of mandate by Charles T. Davis. (hdj, COURT STAFF) (Filed on 9/4/2007) (Entered: 09/10/2007)	Sept. 4, 2007
221	ORDER of USCA as to 220 Notice of Appeal : Dismissed pursuant to Federal Rules of Appellate Procedure 42(b). (ys, COURT STAFF) (Filed on 9/14/2007) (Entered: 09/17/2007)	Sept. 14, 2007
222	MANDATE of USCA as to 220 Notice of Appeal: Dismissed. (ys, COURT STAFF) (Filed on 9/17/2007) (Entered: 09/17/2007)	Sept. 17, 2007
223	ORDER of USCA: Petition is denied. No motions for reconsideration, modification, or clarification of this order shall be filed or entertained. (ys, COURT STAFF) (Filed on 11/26/2007) (Entered: 11/27/2007)	Nov. 26, 2007
224	CLERK'S Second NOTICE Appeal Fee Past Due Notice. (ys, COURT STAFF) (Filed on 2/29/2008) (Entered: 03/03/2008)	Feb. 29, 2008
225	Amended CLERK'S Second NOTICE − Appeal Fee Past Due Notice. (ys, COURT STAFF) (Filed on 3/6/2008) (Entered: 03/06/2008)	March 6, 2008
227	Received Document/Notice of Motion/Affidavit by Larry B. Moore (forwarded to USCA). (ys, COURT STAFF) (Filed on 3/17/2008) (Entered: 03/17/2008)	March 17, 2008
228	*Affidavit of Larry B. Moore purported class memober in support of appropriate course of action filed byLarry B. Moore.(ys, COURT STAFF) (Filed on 4/4/2008) (Additional attachment(s) added on 4/7/2008: # 1 env.) (ys, COURT STAFF). (Entered: 04/07/2008)	April 4, 2008
229	NOTICE of Change of Address by plaintiffs' counsel, Donald Specter (Prison Law Office)(ys, COURT STAFF) (Filed on 6/5/2008) (Entered: 06/06/2008)	June 5, 2008
230	MOTION for alleged contempt for refusal of a party to obey conditions of negotiated settlement 18 U.S.C.A. ss401(3) by Robert Tunstall. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 7/16/2008) (Entered: 07/17/2008)	July 16, 2008
232	* MOTION for Contempt for Refusal to Obey Conditions of Negotiated Settlement and Court Order filed by Robert Tunstall. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 6/23/2009) (Entered: 06/24/2009)	June 23, 2009
234	NOTICE by People of California NOTICE OF ADDITIONAL COUNSEL FOR DEFENDANTS (McClain, Damon) (Filed on 10/20/2009) (Entered: 10/20/2009)	Oct. 20, 2009
235	*Letter dated from Robert G. Stuter to the Court. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 10/22/2009) (Entered: 10/26/2009)	Oct. 22, 2009
236	MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed by People of California. Motion Hearing set for 12/4/2009 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
237	Request for Judicial Notice re 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
238	Declaration of Gerald E. Atchley in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
239	Declaration of Dan Aylworth in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
240	Declaration of Richard Babb in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
241	Declaration of Kathy Balakian in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
242	Declaration of R. Allen Baraldi in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
243	Declaration of Jean E. Bracy in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
244	Declaration of Rod Braly in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
245	Declaration of Glenn Brooking in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
246	Declaration of Lawrence A. Cone in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
247	Declaration of Minerva Cullers in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
249	Declaration of Ovidio Gonzalez in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
250	Declaration of Robert Green in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
251	Declaration of Melany Heaslip−Thomas in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
252	Declaration of Dr. John L. Jackson in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
253	Declaration of Les Johnson in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009
254	Declaration of B. H. Van Klaveren in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	Oct. 30, 2009