McClain v. Gonzales et al

Filing 95

ORDER Granting Request For The Attendance Of An Incarcerated Witness (Doc. 78 ), signed by Magistrate Judge Jennifer L. Thurston on 12/15/2011. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NAKIA MCCLAIN,

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Plaintiff,
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v.
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L. GONZALES, et al.,
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Defendants.
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_____________________________________ )

CASE NO. 1:07-cv-00945 JLT (PC)
ORDER GRANTING REQUEST FOR THE
ATTENDANCE OF AN INCARCERATED
WITNESS
(Doc. 78)

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On August 22, 2011, the Court issued its Second Scheduling Order. (Doc. 76) This order set

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forth the requirements for the parties to obtain the attendance of incarcerated witnesses. As to

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incarcerated witnesses who agree to testify, in the motion seeking the witnesses’ attendance at trial, the

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moving party was required to demonstrate that the witness had first hand knowledge of the events and

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is willing to testify. Id. at 2-3. A detailed declaration is required to demonstrate both issues. Id. The

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same requirements apply for incarcerated witness who have not agreed to testify voluntarily except that

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the moving party is required to detail this refusal. Id.

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In his motion, Plaintiff attests that witness Kevin Fields was an eye and ear witness to events

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described in the complaint and has actual first hand knowledge of these events. (Doc. 78 at 2) Though

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Mr. McClain does not specifically state that Mr. Fields is willing to attend the trial, he reports that Mr.

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Fields “has the ability to testify as a witness in this case.” Id. It appears as though Plaintiff intends this

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to mean that Mr. Fields has agreed to testify. Notably, Defendants offer no objection to the attendance
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of Mr. Fields at trial.
Therefore, good cause appearing, the request for the attendance of inmate Kevin Fields at trial
is GRANTED.

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IT IS SO ORDERED.
Dated: December 15, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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