Woodall v. State of California et al

Filing 62

ORDER Requiring Defendants to Provide Response to Plaintiff's Motion to Correspond with Inmate Witness 48 , signed by Magistrate Judge Dennis L. Beck on 11/23/2010. (Verduzco, M)

(PC) Woodall v. State of California et al

Doc. 62

1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 NICK WOODALL, 9 10 v. Plaintiff, CASE NO. 1:08-CV-01948-OWW-DLB PC ORDER REQUIRING DEFENDANTS TO PROVIDE RESPONSE TO PLAINTIFF'S MOTION TO CORRESPOND WITH INMATE WITNESS (DOC. 48) 12 13 14 15 Plaintiff Nick Woodall ("Plaintiff") is a prisoner in the custody of the California Defendants. RESPONSE DUE WITHIN TWENTY DAYS /

UNITED STATES DISTRICT COURT

11 STATE OF CALIFORNIA, et al.,

16 Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in 17 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding 18 on Plaintiff's complaint, filed December 22, 2008, against Defendants T. Gonzalez, T. Lawson, 19 Olive, A. Raygosa, M. Sexton, and Valdez for violation of the Eighth Amendment. Pending 20 before the Court is Plaintiff's motion requesting that the Court allow Plaintiff to correspond with 21 a potential inmate witness, filed August 31, 2010. (Doc. 48.) 22 Plaintiff contends that he submitted a request with correctional counselor I M. Hildreth to

23 communicate with inmate Jeffrey R. Inglett, CDC # C-61771. Plaintiff contends that inmate 24 Inglett has personal knowledge regarding the events set forth in Plaintiff's complaint. Plaintiff 25 contends that Mr. Inglett is currently housed at California Men's Colony in San Luis Obispo, 26 California. Plaintiff contends that he has received no response regarding his request to contact 27 Mr. Inglett. Plaintiff is currently housed at California Substance Abuse Treatment Facility in 28 Corcoran, California. 1
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Plaintiff is entitled to communicate with potential witnesses, in accordance with proper

2 prison regulations. As Defendants are in a better position to respond to this issue, the Court will 3 order Defendants to provide a response to Plaintiff's request. It is HEREBY ORDERED that 4 Defendants are to provide a response to Plaintiff's motion within twenty (20) days from the date 5 of service of this order. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 3b142a

November 23, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE