Barnett v. Norman, et al.

Filing 357

ORDER Requiring Defendants to Respond to Plaintiff's Motions for Attendance of Incarcerated Witnesses by 12/3/2015, signed by Magistrate Judge Barbara A. McAuliffe on 11/23/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROAS V. BARNETT,
Plaintiff,

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v.
MARTIN GAMBOA, et al.,
Defendants.

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Case No.: 1:05-cv-01022-BAM (PC)
ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTIONS FOR
ATTENDANCE OF INCARCERATED
WITNESSES

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Plaintiff Troas Barnett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. The parties have consented magistrate judge

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jurisdiction. (Plaintiff’s consent, ECF No. 9; Defendants’ consent, ECF No. 62.) This action proceeds

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on Plaintiff’s claims that Defendants Gamboa, Duran, and Torres used excessive physical force

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against him in violation of his rights under the Eighth Amendment of the United States Constitution

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and that Defendant Torres failed to intervene to protect Plaintiff from harm in violation of his rights

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under the Eighth Amendment.

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On November 5, 2015, Plaintiff filed motions for the attendance of incarcerated witnesses

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Jermain Delfonso, Manrique Jorge Luis, and Jammal Desean Jennings. (ECF Nos. 344-46.) Under this

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Court’s scheduling order, any response to those motions must be filed on or before December 3, 2015.

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The scheduling order stated that the filing of any response to a motion for obtaining the attendance of

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witnesses is optional. However, the Court now finds that in order to evaluate Plaintiff’s motions, it

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will require Defendants’ position on whether these proposed witnesses should be compelled to attend

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trial in this matter to testify.

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Accordingly, it is HEREBY ORDERED that on or before December 3, 2015, Defendants shall

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file a response to Plaintiff’s motions for the attendance of incarcerated witnesses Jermain Delfonso,

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Manrique Jorge Luis, and Jammal Desean Jennings. (ECF Nos. 344-46.) Any request for an extension

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of time to comply with this order will require a showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 23, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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