Free Declaration in Support - District Court of California - California

Case 5:07-cv-04920-JF

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EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief\AssistantAttorney General FRANCES T. GRUNDER Senior Assistant Attorney General THOMAS S. PATTERSON Supervising Deputy Attorney General TRACE 0. MAIORJNO, State Bar No. 179749 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5975 Fax: (415) 703-5843 Email: [email protected] Attorneys for Defendants Lemon, Ayers, Tilton, Ebert, Ortiz,Plymesser, Robinson, Ratliff, and Grannis

IN THE UNITED STATES DISTRICT COURT

SAN JOSE DIVISION
GREGORY TABAREZ,
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Plaintiff, Defendants.

C 07-492OJF
DECLARATION OF TRACE 0. MAIORINO IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

v.

JAMES TILTON, et al.,

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1. I am an attorney admitted to practice before the courts of the State of California and 22 23 before this Court. I am employed by the California Attorney General's Office as a Deputy
24 Attorney General in the Correctional Law Section. I am assigned to represent Defendants 25 Lemon, Ayers, Tilton, Ebert, Ortiz, Plymesser, Robinson, Ratliff, and Grannis in this case. I am 26 competent to testify to the matters as set forth herein, and if called to do so, I would and could so 27 testify. I submit this declaration in support of Defendants' Motion for Summary Judgment. 28

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I, TRACE 0 . MAIORINO, declare as follows:

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Attached as Exhibit A are certified copies of Plaintiffs records maintained by the
G. Tabarez v. J. Tilton, et al. C 07-4920 JF

Decl. Maiorino Supp. Mot. Sumrn. J.

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EXHIBIT A

Case 5:07-cv-04920-JF
No.:
custody: ,Comment:
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,Nama: TABAREZ . CSILV: 19lIULIF' . Next Class: '1/1/07 ' Release 'Dale: MEPD 11/26/2002 h s l g n m e n t : NB POATER ANNUAL REVIEW1REFER TO CSR FOR TX DUE TO PENDING LTTIGATION WG: A-1 PO: A EFF: 9/8/06 INVOLVING STAFF AT SQSP. SUBJECT REQUESTS SOL-lll CLOSE OIR BICTF-11.

C22746 CLOSE El

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h b j e d appeared before Program- unit Ill, Unit ~lassifi'calian Committee (UCC) for Annual Review. Subject is a.53 (DOE. 5/6/53) ykar old blex\odn;'rnultitermer, received in CDC on 9/24/90 to serve a 28 years to Li!e term frpm Sacramento County for HS 113508 Possession of Controlled Substance. Ids was receiv~d SQ Main on 8/1/02 from FSP as a result of a nor?-adversetransfer. * ' at CASE FACTORS: County of Residence: Sacramenlo. Holdslwarrantddetalners: Clear. Escapes: 9/2/79 Ex-Convict w/ Gun Escape from Prison charge lator dismissed Arson: Clear. Sex Offenses: Clear SVP not applicable. Notlce/Registratlon: US .11590. CDC 812: Enemies noled.- Disruptlve group noted: Nortena Member. Dlscipllnaty. CDC 115'6 dated 2/15/06 CCR 3018 Introducing Heroin into a

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State Prison lor Distribution, 2113101 CCR 3005 (C) Mutual Combal. 3/5/98 CCR 3082 ( 8 ) Hair ~on~ersthan Inches. Medical: TB Code three 32 per CDC 128C dated 5/1[06, F i ~ l Dub and Food Servica cleared per CDC 728-C1 dated 11M0/96. Psychiatric: Mental Health . l ' Screenjng completed per COG 128-C dared W8/05. Psych cleared per CDC 128-C dated 418105. Does not meet criteria lor MDO referral. GPL': 3.4. Due 10 subject's low t a t score CCll S. Robinson acted as staff assistant. Foreign Prisoner Transfer Treaty Program: No! . ap~licabla.Confidential: Noted. Program Eligibility Subjecr is deemed MSF , Camp CCF, ~estitution Centef ,a d SATF/SAP ineligible due to L i e sentence. Status of ResUwtion: None reflected in the file and DDPS reflects none- Other: . Subject's CDC-812 hils been updated. Subject was reviewed for singlo-cell status per DOM # 72020.9.1 .and does not m e ~ \he criteri;: fcr '5' sulflx. Caseworker nates t Subject's identification photograph is current. lnmata indicated he could remain double-celled. Subject's case has been reviewed for visiring . restrictions per CCR 3173.113177 and a visiting reslriction is warranted. I

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COMMlTTEE' ACTIOH: UCC acts refer subject lo the CSR for transfer per CDW M. Lemon's request. The request b due to pending litigation . with G ~ W ~dmon b. named as a defendant. C-DW M. Lemon requested subject be transferred 'to ensure that my role as the CDW has no ' bsarlpg on the case and prevonts any possible allegarian of perceivad retalklion of any nature by lnmeia Tabarea. C-22746". Subject requtasls placement a! SOL-Ill OIR Close B/ CTF-11, due to his family residing in Sacramento. UCC recommends thal subject not be housed at FSP due to FSP slafl also being involved in the pending litigation. This transfer i non-adverse in nature and subject shall retain his A l l A status upon s receipt s receiving institution. UCC acts to retain custody at Close B based upon case factors, WGIPG: A1IA effective 9/8/06, continuo his f placement as a North Block porter, and relain SQ Main. Compliance with PC 293012933 has been noted. Inmate acknowledged he received 72-hour prior wAten notioe ~f this hearing, Inmale indicales that he understands, however disagrees with the reasons presented for transfer and the committee aclion. Subject stated that he believes the transfer request from CDW M. Lemon Is retaliation dua to his pending litigation cgainst CDW M.'Lornon, Subject skates that due tc his Close B and Lifar status them are liciied inttl!utlanr that a!low hlm 15 progwm: due to ., this subjoct requested to remain housed at SQSP. Subject was adv

COMFnlrTEE MEMBERS:

P. SPEEP,FC

S. ROBINSON, CClf B. EEERT, CCI

RECORDER

Diatriburion:

Original CeFile Inmate GG-I
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Data: f2./UC6

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CLASSIF~CATION: JLNNUAL REVIEW1REFER CS9

INST. SQ

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