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Stoops v. Beasley

United States District Court, E.D. California

February 22, 2018

RANDY STOOPS, Plaintiff,
v.
JOSEPH M. BEASLEY,, Defendants.

          FINDINGS AND RECOMMENDATIONS

          CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants' motion for summary judgment (Doc. 22) based on failure to exhaust administrative remedies prior to filing suit.

         I. BACKGROUND

         A. Plaintiff's Allegations

         Plaintiff, who is deaf, claims that he was denied effective visitation with his family for an eight-month period during which the prison did not have telephones in the visiting area suitable for the deaf.

         B. The Parties' Evidence

         In support of their motion for summary judgment, defendants assert that the following facts are undisputed:

1. On December 29, 2014, plaintiff submitted a “Reasonable Accommodation Request, ” CDCR 1824, log no. DVI-15-00032, requesting contact visits with his family so he could read their lips and hear them through an amplified telephone.
2. On March 17, 2015, plaintiff submitted a second CDCR 1824 request, log no. DVI-15-00718, appealing a February 18, 2015, prison decision denying plaintiff's request for “extended stay privileges.” The request was denied and plaintiff was informed that he could appeal by filing an inmate grievance, CDCR 602.
3. On March 24, 2015, plaintiff submitted another CDCR 1824 request, log no. DVI-15-00830, again requesting contact visits with his family, as well as “extended stay privileges.” On the same day, plaintiff submitted a fourth reasonable accommodation request, log no. DVI-15-00831, also requesting contact visits and “extended stay privileges.” The requests were denied as duplicative of plaintiff's March 17, 2015, request which, at the time, was still pending.
4. On April 13, 2015, plaintiff submitted a fifth CDCR 1824 request, log no. DVI-15-00987, requesting the same relief.
5. On June 1, 2015, plaintiff submitted an inmate grievance, CDCR 602, log no. DVI-15-01697. In his grievance, plaintiff alleged the denial of effective communication with his family. The grievance was rejected.
6. As of September 27, 2016, plaintiff had appealed six inmate grievances to the third and final level of review, and none of them related to the issues raised in plaintiff's complaint.

         Defendants' statement of undisputed facts is supported by the declarations of V. Brunetti, the Appeals Coordinator at DVI, and M. Voong, the ...


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