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12 | _ +s Tt 4s charged in said Indictment that plaintiff . George L. Jackson, on January 16, 1970 did violate Section 4500 of the Penal Code of the State of Californie by commit- , ting, while serving & Jife sentence in a state prison, an: asseult upon one John v. Mills, and. that as a result of saic assault, John V¥. Mills died; it is charged in said Indictment that plaintiff Fleeta Drumgo and pleintiff John W. Clutchette on January 16, 1970 did violate Section 4501 of the Penal. Code of the State of California by committing, while confined in a California State correctional facility, an assault upon one John V. Mills by means of force likely to produce bodily injury; it is further charged in said Indictment that plain- tiffs did violate Section 187 of the Penal Code of the State of California, by murdering one John Vv. Nills.en January 16, 1970. ) 13 _ A trial date has not been set on the charges contained in the above described Indictment, but 1t is likely that the setting of a trial date is imminent; plaintiffs and thein attorneys in said State Court proceedings have been and they ere, within the confines of the constituticnal deprivations described below, investigating and trying to prepare fo> the trial of the charges pending against the plaintiffs. \ 1 | For a long time prior to January 16, 1970, defendants, their predecessors in office, have engaged in a course of confuct separately and together, which was and calculated to dery and deliberatel; which 4s intentional]; to persons tintarcerated ir prison facilities of the State -4-