Free Declaration in Support - District Court of California - California

Case 3:07-cv-05088-WHA

Document 12

Filed 03/21/2008

Page 1 of 2

1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DAVID S. CHANEY Chief Assistant Attorney General 3 FRANCES T. GRUNDER Senior Assistant Attorney General 4 MICHAEL W. JORGENSON Supervising Deputy Attorney General 5 EMILY L. BRINKMAN, State Bar No. 219400 Deputy Attorney General 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5742 Fax: (415) 703-5843 8 Email: [email protected] Attorneys for Defendant Labans and Freeman 9 10 IN THE UNITED. STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION
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LUIS MURATALLA-LUA,
Plaintiff,

C 07-5088 WHA

v.
Correctional Officer LABANS and Correctional Officer FREEMEN,
Defendants.

DECLARATION OF CHRIS E. WILBER IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS

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I, Chris E. Wilber, declare as follows: 1. I am employed by the California Department of Corrections and Rehabilitation ,

(CDCR) and have been so employed for approximately fourteen years. Currently, I serve as the Inmate Appeals Coordinator at Pelican Bay State Prison (Pelican Bay). I have served in this capacity since October 2006. Prior to working in this capacity I worked as a Correctional Officer, Sergeant, Lieutenant, Correctional Counselor I, and Correctional Counselor II. 2. I have personal knowledge of each of the matters set forth below and if called as a

witness would and could so competently testify. I submit this Declaration in support of Defendants' Motion to Dismiss.
Dec!. Wilber Supp. Mot,.Dismiss

Muratella-Lua v. Laban, et al. e 07-5088 WHA

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MA'(-27-20BAD: 00 3:07-cv-05088-WHA Case From:

Document 12

To:415 703 5843 Filed 03/21/2008 Page 2 of 2

3.

As the lnrnatc Appeals Coordinntor ut Pelican Buy, my job consists of processing

2 inmate grievances and maintaining the documents in the inmate appeal of; [e. As part

or my job I

3 maintain u computer database of inmate appeals subrniued lit Pelican B(IY to the Fir'(u and Second
4 Level of Review. Attached us Exhibit A is II true and correct copy of the computer printout for

" . 5 all First [mel Second Level appeals submitted by inmate Lutz Muratallu-Lua (PIBintift),inm>ltc
6 number J06678; between 2002 through the present. These documents nrc: maintained in the
7 regular course of business..

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4.

The documents and entries in the: documents pertaining to Ull inrnute [Ire prepared at or

near the lime of their occurrence by persons with knowledge of the circumstances or events: 5. The documents attached
!IS

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Exhibit B are true and correct copies ofinmate appeal

(COeR FeJI'm 602) number PBSP~P·07·01 057 and related documents photocopied from the

12 Central Fi le of Plaintiff
13 6.

The documents uttached

!IS Exhibit

C nrc true and correct topics of inmate appeal

14 (COeR Perm 602) number PBSP~P·07-01362and related documents photocopied from the
,IS Central File

or Pluinnff.

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7.

The documents attached us Exhibit D are true and correct copies of inmate appeal

17 (CDCRForm 602) number PBSP-P-07-01432 and related dOCLII11l:nts photocopies from the
18 Central File of Plnintiff.

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I declare Linder penalty of perjury that the foregoing i~ true and correct. Executed 1It

20 Crescent City. California, on March
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/8_,' 2008.

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~WllbeJ'

(~~ .

Inmate Appeals Coordinator .

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Decl, Wilber Supp. Mol.
lli~lT1il;~

MII'lJldltl-LIII['V, Luban. t'J 1:11

C 07-50gH WHA

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