(HC)Ram v. Warden ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SANTOSH RAM, Case No. 1:21-cv-01520-JLT-EPG-HC 11 Petitioner, ORDER DIRECTING RESPONDENT TO FILE RESPONSE TO PETITIONER’S 12 v. MOTION FOR RECONSIDERATION 13 WARDEN, 14 Respondent. 15 16 Petitioner Santosh Ram is a federal prisoner proceeding pro se with a petition for writ of 17 habeas corpus pursuant to 28 U.S.C. § 2241, which challenges a prison disciplinary proceeding 18 for assault on due process grounds, including sufficiency of the evidence. 19 The undersigned previously denied Petitioner’s motion to compel discovery and for a 20 deposition. (ECF No. 21.) Petitioner subsequently filed a motion for reconsideration with respect 21 to his request for the CCTV footage of the incident, specifically alleging that the DHO’s 22 description of the video “was inaccurate and false” because “[t]he video did not show any 23 strike”1 and that he never made the statements relied upon by the DHO in finding that Petitioner 24 committed the acts as charged. (ECF No. 22 at 2, 3.)2 Respondent did not file a response within 25 the twenty-one-day response period provided by the local rules. See LR 230(l). However, the 26 Court finds that a response from Respondent will assist the Court in this matter. 27 1 Petitioner’s allegation that the video did not show any strike would also contradict the incident report and the statements of the correctional officers involved. 1 Accordingly, IT IS HEREBY ORDERED that within fourteen (14) days of the date of 2 | service of this order, Respondent shall file a response to Petitioner’s motion for reconsideration 3 | (ECF No. 22). The response should address, inter alia, (1) whether Petitioner’s allegations are 4 | sufficient to satisfy the good cause standard articulated in Bracy v. Gramley, 520 U.S. 899 5 | (1997), with regard to the CCTV footage, and (2) whether the video in question still exists and 6 | can be obtained. 7 IT IS SO ORDERED. 9} Dated: November 7, 2022 [see hey 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28