Saenz v. Spearman, et al.

Filing 124

ORDER DENYING Motion to Quash Anticipated Subpoenas 121 signed by Magistrate Judge Barbara A. McAuliffe on 4/17/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT SAENZ,

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Plaintiff,
v.
SGT. D. REEVES,

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Defendant.

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Case No.: 1:09-cv-00557-BAM (PC)
ORDER DENYING MOTION TO QUASH
ANTICIPATED SUBPOENAS
(ECF No. 121)

Plaintiff Robert Gonzales Saenz (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against

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Defendant Reeves for retaliation in violation of the First Amendment and deliberate indifference to

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conditions of confinement in violation of the Eighth Amendment. The matter is set for jury trial on

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June 18, 2013.

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On February 25, 2013, Plaintiff requested the attendance of inmate Armando Abreu at trial.

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Inmate Abreu filed a motion to quash the anticipated subpoena on March 29, 2013. Following a

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telephonic trial confirmation hearing, the Court denied the motion to quash and ordered that inmate

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Abreu testify at trial via videoconference. (ECF No. 122.)

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However, inmate Abreu has a second motion to quash pending in this action. (ECF No. 121.)
Inmate Abreu’s second motion to quash should be denied. The Court has determined that inmate

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Abreu’s potential testimony is relevant to this action and has granted Plaintiff’s motion for the

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attendance of inmate Abreu by video conference.

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Accordingly, it is HEREBY ORDERED as follows:

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1. Inmate Armando Abreu’s motion to quash subpoena, filed on April 15, 2013, is DENIED;
and

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2. The Clerk of the Court is requested to serve a copy of this Order on inmate Armando

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Abreu, #H-16924, at Lancaster State Prison, #44750 60th Street West, P.O. Box 4610,

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#FCBI-204-L, Lancaster, California, 93539-4610.

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IT IS SO ORDERED.

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Dated:

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/s/ Barbara

April 17, 2013

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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A. McAuliffe

10c20kb8554

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