Case 2:20-cv-04450-CBM-PVC Document 165 Filed 01/12/21 Page 1 of 5 Page ID #:6288

FILED
CLERK,U.S. D[S7RICT COURT

UNITED STATES DISTRICT COURT JAN. 12, 2021

CENTRAL DISTRICT OF CALIFORNIA
CENTRAL DLST
vRICT OF CALiFORN1A
BY: iS DEPUTY
NOTICE OF DOCUMENT DISCREPANCIES

To: Cd U.S. District Judge / ❑ U.S. Magistrate Judge CONSUELO B. MARSHALL

From: Y.Skipper ,Deputy Clerk Date Received: 12/17/2020
Case No.: CV 20-4450-CBM(PVCx) Case Title: Yonnedil Carror Torres et al v. Louis Milusnic et al
Document Entitled: LETTER from Rhonda Fleming, Dated 11-27-2020.

Upon the submission of the attached document(s),it was noted that the following discrepancies exist:
❑ Local Rule 5-4.1 Documents must be filed electronically
❑ Local Rule 6-1 Written notice of motion lacking or timeliness of notice incorrect
D Local Rule 7-19.1 Notice to other parties of ex parte application lacking
❑ Local Rule 7.1-1 No Certification ofInterested Parties and/or no copies
❑ Local Rule 11-3.1 Document not legible
❑ Locat Rule I I-3.8 Lacking name,address, phone,facsimile numbers,and e-mail address
❑ Local Rule 11-4.1 No copy provided for judge
❑ Local Rule 11-6 Memorandum/briefexceeds 25 pages
❑ Local Rule 11-8 Memorandum/briefexceeding 10 pages shall contain table ofcontents
D Local Rale 15-1 Proposed amended pleading not under separate cover
❑ Local Rule 16-7 Pretrial conference order not signed by all counsel
❑ Local Rule 19-1 Complaint/Petirion includes more than 10 Does or ficritiously named parties
❑ Local Rule 56-1 Statement of uncontroverted facts and/or proposed judgment lacking
❑ Local Rule 56-2 Statement of genuine disputes of material fact lacking
Local Rule 83-2.5 No letters to the judge
❑ Fed. R. Civ. P.5 No proof ofservice attached to documents)
~ Other: The Court will not forward the letter to the counsel identified as counsel's information
is alreadyte
pro in ~itse~
e letter ca~sent dire~to the counser~nder.

Please refer to the Court's website at www.cacd.uscourts.gov for Local Rules, General Orders,and applicable forms.

ORDER OF THE JUDGE/MAGISTRATE JUDGE

IT IS HEREBY ORDERED:

❑ The document is to be filed and processed. The filing date is ORDERED to be the date the document was stamped
"received but not filed" with the Clerk. Counsel* is advised that any further failure to comply with the Local Rules may
lead to penalties pursuant to Local Rule 83-7.

Date U.S. District Judge / U.S. Magistrate Judge

[~ The document is NOT to be filed, but instead REJECTED, and is ORDERED returned to counsel* Counsel* shall
immediately notify, in writing, all parties previously served with the attached docwnents that said documents have not
been filed with the Court.
JANUARY 12, 2021 ~/
Date U.S. District Judge / U.S. Magistrate Judge
* The term "counsel" as used herein also includes any pro se party. See Local Rule 1-3.
COPY 1 -ORIGINAL•OFFICE COPY 2 -JUDGE COPY 3 -SIGNED &RETURNED TO FTLER COPY 4 -FILER RECEIPT

CV-104A (06/13) NOTICE OF DOCUMENT DISCREPANCIES

 Case 2:20-cv-04450-CBM-PVC Document 165 Filed 01/12/21 Page 2 of 5 Page ID #:6289

TRULINCS 20446009 - FLEMING, RHONDA ANN -Unit: TAL-A-S

FROM: 20446009
TO: Anderson, Sheryl; Wright, Tracy
SUBJECT:[dorothy wolpert]
DATE: 11/27/2020 05:54:56 PM

Please forward to: dwolpert@birdmarella.com, sbannett@birdmarella.com, and len.register@usdoj.gov

November 27, 2020

:{ .
Rye:" ~'o~r~s v.~Milusnic: No:CV 24=4450 C8(1~PUCfx)~ j~i
Proposal for Expansion of Preliminary Injunction into a Nationwide Injunction

Dear Ms. Wolpert and Ms. Bannett:

In the Torres case, I am proposing that the preliminary injunction your firm obtained for federal prisoners at Lompoc be re-
issued as a nationwide injunction.

am a federal prisoner at FCI-Tallahassee, and I have raised the same claims your firm did, in April 2020, Fleming v. Warders
Strong, No. 4:20-cv-212-AW-EMT, N.D. Fla. Judge Allen Winsor presiding. The briefing has been completed for several
months. No decision has been filed.

filed a petition with the Multidistrict Litigation Panel in DC, to have my case and others like it, transferred to the District of
Connecticut, to join Martinez-Brooks v. Easter, 3:20-cv-00569-MPS. The inmates at FCI-Danbury obtained a settlement
agreement which I believe should be applicable to all federal prisoners, however, at this time it has not been applied. The
FBOP is barred from disparate or discriminatory treatment of inmates, by federal law and the Constitution. Nonetheless, ii is
happening.

The MDL Panel held the request for relief, in my first petition, No. 2970,(same case name), was moot because tl~e ~vlartinez-
Brooks case was closed by the time the briefing was completed.

have filed a second petition, as referenced above, to join the Torres case, and fall under the jurisdiction of Jude ~arsliall. i~
briefing schedule has been set and responses are due by December 9, 2020, in No. 2982.

After I received the briefing schedule, it came to my mind that a nationwide injunction would be better for all parties. In Scholl v.
Mnuchin, No. 20-cv-053090-PJH,(C,D. Cal., September 24, 2020), a colleague of Judge Marshall's, Judge Phylliss J. Hamilton
issued a nationwide injunction, ordering the Government/IRS to pay inmates, county, state, and federal, the $1200 stimulus
check. By the time this is over, the Government will have paid out well over $1 billion. The Government requested a stay, but it
was denied on October 14, 2020.

After the nationwide injunction was issued, it was not hard to implement. Portions of the order were posted on the Inmaxe
Electronic Bulletin board, along with instructions on how to file for the stimulus check. My stimulus check was mailed to the
prison on November 16, 202Q, however, the prison officials have been slow to credit these checks to our accounts.

Ladies, I believe a nationwide injunction can work the same way in this matter, and instead of the Government--the taxpayers-
paying, they will be saving money in litigation costs and fees, as well as the cost of incarcerating people like me.

am over 55, have a BMI of 34, and a chronic blood disorder that compromises my immune system. Before the lockdo~vn, my
BMI was 24 or 25. Clearly, I should be transferred to home confinement.

Additionally, like many federal prisoners, I am housed in a building that is decades old, that was damaged during Hurricane
Michael in 2018--the roof is leaking and we are inhaling toxic levels of mold, 24 hours a day. I have a constant headache, nasal
drainage, and coughing throughout the night. At night, in the unit, there is a cacophony of coughing and sneezing due to the
mold and dampness.
rnedi~aiion~,
The prison refuses to repair the roof or condemn the building, while at the same time placing the cost of purcii~si;ig
 Case 2:20-cv-04450-CBM-PVC Document 165 Filed 01/12/21 Page 3 of 5 Page ID #:6290

TRULINCS 20446009 - FLEMING, RHONDA ANN -Unit: TAL-A-S

on inmates. The FBOP owes us to provide medications to relieve us of our pain caused by their malfeasance

Before the lockdown, I spent a lot of time outside. Now, we have no respite from the chronic inhaling of mycotoxins and
chemicals. So many are sick and all this coughing makes us more susceptible to the virus.

Did you know that inhaling mold depletes the system of Vitamin B-12? This leads to depression, aggression, dementia, and a
host of physical problems.

q ualify for the CARES Act, to be transferred to home confinement. I have served 50% of my sentence and I meet all of the
other criteria. Because I have filed grievances and filed a civil complaint during this pandemic, my paperwork is being slow
walked by Warden Strong and the case management coordinator, Ms. Harvey, here at FCI-Tallahassee. I received an email
from Ms. Harvey stating she did not "see" my paperwork for the CARES Act, only for compassionate release, My case
manager, Ms. Hunter, sent that paperwork a month ago, electronically. The paperwork for the CARES Act and compassionate
release were sent together. I have asked the Special Investigative Agent, Mr. Mason, here at the prison, to investigate this
retaliation.

What these government employees are doing is threatening my life and the lives of many other inmates and the correctional
officers. It is extremely dangerous because my body is depleted and unable to maintain appropriate levels of vitamins/minerals,
to include, B-12, D, and iron, due to a surgery on my short intestines almost 20 years ago. The housing units dangerous
environmental problem with the mold is slowly killing me.

use myself as an example, but there are many women at FCI-Tallahassee and other women's,federai prisons that need this
nationwide injunction from Judge Marshall and/or your agreement to allow all pending cases, nationwide, against the FBOP
involving the CARES Act to be transferred and joined to the Torres case.

Thank you for any consideration your firm gives this matter.

R ectfully~

Rhonda Flemi #20446-009

FCI-Tallahassee
PO Box 5000
Tallahassee, FL 32314

rfieming@linkedup.vip

cc:`. Haciora~bl~'~`i+dge ~o+~~~~$ a~~~+a1f='"~~'

MDL Panel for In re: Federal Bureau of Prisons-Home Confinement (II), No. 2982
AUSA Lennard B. Register-Pensacola
Case 2:20-cv-04450-CBM-PVC Document 165 Filed 01/12/21 Page 4 of 5 Page ID #:6291

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Case 2:20-cv-04450-CBM-PVC Document 165 Filed 01/12/21 Page 5 of 5 Page ID #:6292

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