Brown v. Fambrough et al

Filing 123

ORDER Denying Witness' 122 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 08/10/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THORNELL BROWN,

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Plaintiff,

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vs.
JAWAYNE FAMBROUGH, et al.,
Defendant.

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Case No.: 1:09-cv-00573 JLT
ORDER DENYING WITNESS’ MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 122)

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Plaintiff Thornell Brown is a California prisoner proceeding pro se with an action for violation

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of civil rights under 42 U.S.C. § 1983. His matter was previously set for trial in July 2012, but was re-

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set for trial on September 10, 2012.

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On August 6, 2012, one of the witnesses in this case, Sean Slade (“the witness”), filed a motion

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asking this Court to appoint counsel for him to address his complaints about his July 2012 transfer

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from Calpatria State Prison to the Administrative Segregation at Kern Valley State Prison (“KVSP”)

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in preparation for Mr. Brown’s trial. (Doc. 122). The witness complains that during his time at

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KVSP, he was without access to any of the “common pleasures” offered a general population prisoner

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who has not violated any CDCR and “feels like these actions are an act of reprisal.” (Doc. 122). The

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witness states he believes he will have to repeat the same process when he is transported again for the

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new trial date in September. (Doc. 122).

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While this Court has the ability to issue the Writ of Habeas Corpus Ad Testificandum to

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require the witness be produced at trial, it cannot control how the California Department of

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Corrections facilitates the witness’ transportation to and from trial. Additionally, Mr. Slade is merely

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a witness; he is not a party to this case. He does not have a constitutional right to counsel as a party in

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this matter, let alone as witness. Furthermore, he cannot use Mr. Brown’s case to adjudicate his own

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legal matters. As a result, the witness’ motion is DENIED.

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IT IS SO ORDERED.
Dated:

August 10, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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