Free Declaration in Support - District Court of California - California

Case 3:07-cv-02928-JSW

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Filed 06/23/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DAVID S. CHANEY Chief Assistant Attorney General 3 FRANCEST.GRUNDER Senior Assistant Attorney General 4 MICHAEL W. JORGENSON Supervising Deputy Attorney General 5 LISA SCIANDRA, State Bar No. 246532 Deputy Attorney General 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5846 Fax: (415) 703-5480 8 Email:[email protected] 9 Attorneys for Defendants Curry, Chudy, Hill, Hedrick, Raghunath, Grannis, Aboytes and Klein 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, N. GRANNIS, declare as follows: 1. I am employed by the California Department of Corrections and Rehabilitation RONALD BRATTON, Plaintiff, Case No. C 07-2928 JSW DECLARATION OF N. GRANNIS IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS

v.
BEN CURRY, Defendants.

(CDCR) as the Chief of the Inmate Appeals Branch. I am competent to testify to the matters set forth in this declaration, and if called upon to do so, I would and could so testify. I submit this declaration in support of Defendants' Motion to Dismiss. 2. I am familiar with the sections of Title 15 of the California Code of Regulations that

govern an inmate appeal. Section 3084.5 describes the levels of appeal that are available to an inmate. Section 3084.5(e)(2) provides that "[t]hird level review constitutes the director's
Decl, N. Grannis in Support Mot. to Dismiss
R. Bratton v. B. Curry, et al. e 07-2928 JSW

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1 decision on an appeal, and shall be conducted by a designated representative of the Director 2 under supervision of the chief, inmate appeals." Attached as exhibit A is a copy ofthe sections 3 relevant to inmate appeals, updated through September 7, 2007. 4 3. Attached as exhibit B is the CDC Form 602 used by an inmate when the inmate files an

5 administrative appeal. The CDC Form 602 informs inmates of how to proceed "if dissatisfied" 6 with a particular level of decision. 7 4. The Director's decision exhausts the administrative remedies available to an inmate

8 within CDCR. The Director's decision also advises an inmate that the decision constitutes the 9 exhaustion of administrative remedies available to the inmate within CDCR. 10 5. The Inmate Appeals Branch keeps an electronic record of each inmate appeal that has

11 proceeded through the final level of review, the Director's Level, also referred to as the third 12 level. When an appeal is received by the Inmate Appeals Branch and is accepted for review, it 13 will be given an appeal number and will be logged into the system. The system was commenced 14 in 1993. The following information will be kept in the electronic record: Inmate Appeals Branch 15 (lAB) log number; category (nature/subject) of the appeal; institutional log number of the appeal; 16 inmate name and CDCR number; institution where the appeal arose; date that the appeal is 17 received and closed; and the final disposition of the appeal.

18

a.

CDCR does not keep copies of appeals that have been screened out. These

19 appeals are returned to the inmate with a letter that explains the reason for the screen out and 20 instructs the inmate what to do if the inmate disagrees with the lower-level disposition of the 21 appeal. CDCR does, however, keep the following information in the electronic record for screen 22 outs: lAB log number; category (nature/subject) of the appeal; institutional log number of the 23 appeal (if available); inmate name and CDCR number; institution where the appeal arose; date 24 that the appeal is received; date the appeal is screened out; and the reason for the screen out. The 25 electronic record keeping system was revised in July 2007. Records in the new electronic record 26 keeping system that were imported from the old system currently display the same date for when 27 the appeal was received and when it was screened out, even if the appeal was screened out on a 28 later date than it was received.
Decl, N. Grannis in Support Mot. to Dismiss

R. Bratton v. B. Curry, et al. e 07-2928 JSW

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Case 3:07-cv-02928-JSW

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Decl. K Grannis in SuPPOrt ,"\flo!. to Dismiss

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