Newsom

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RALPH COLEMAN, et al., No. 2:90-cv-0520 KJM DB P Plaintiffs, v. ORDER GAVIN NEWSOM, et al., Defendants.

17 The court is in the process of reviewing the stipulation filed by the parties on May 20, 2020, ECF No. 6679, filed in response to the court’s April 17, 2020 directive requiring identification of “temporary departures” from certain Program Guide requirements implemented by defendants in response to the COVID-19 pandemic. See ECF No. 6622 at 2-3. It is settled that the Program Guide “‘is grounded in the requirements of the Eighth Amendment’” Coleman v. Brown, 938 F.Supp.2d 955, 973 (E.D. Cal. 2013) (internal citation omitted); see also Coleman v. Brown, 756 Fed. App’x 677, 679 (9th Cir. 2018) (law of the case that “the Program Guide sets out the objective standards that the Constitution requires in this context, . . . .”). The court’s review of the May 20, 2020 stipulation raises in its mind a serious question about…