Johnson v. Gonzalez et al

Filing 130

ORDER granting 126 Motion for Release of a Copy of the DVD for use at Trial signed by Magistrate Judge Barbara A. McAuliffe on 12/17/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JOHNSON,

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Plaintiff,

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v.
L. GONZALEZ, et al.,

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Defendants.

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Case No.: 1:09-cv-01264-BAM PC
ORDER GRANTING PLAINTIFF’S MOTION FOR
RELEASE OF A COPY OF THE DVD FOR USE
AT TRIAL
(ECF No. 126)

Plaintiff Anthony Johnson (“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 proceeds on Plaintiff’s

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claim of excessive force in violation of the Eighth Amendment against Defendants Gonzales1 and

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Murrieta arising out of an alleged assault following the takedown by Defendant Gonzales on June 9,

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2008. A jury trial is set for April 28, 2015.

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On November 13, 2014, Plaintiff filed a motion for a court order releasing a copy of an

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excessive force DVD made on June 9, 2008, to the Court for evidence at trial. In short, Plaintiff

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would like to play a recording of his June 9, 2008 use of force interview at trial. (ECF No. 126.) On

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December 1, 2014, Defendants responded and indicated that they do not oppose the request to have a

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copy of the DVD available for Plaintiff to use at trial. Defendants also intend to introduce the use of

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Defendant was sued as “L. Gonzalez.”

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force interview into evidence at trial. Defendants further indicate that Plaintiff cannot keep a copy of

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the DVD in his cell for security reasons, but if Plaintiff would like to view the DVD before trial, then

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Defendants will work with the prison’s litigation coordinator to arrange a viewing. (ECF No. 129.)

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Based on Defendants’ response, it is HEREBY ORDERED that:

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1. Plaintiff’s request to have a copy of the DVD recording of his June 9, 2008 use of force
interview available at trial is GRANTED; and

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2. Defendants shall have a copy of the DVD available for Plaintiff to use at trial.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 17, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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