Porter v. Wegman et al

Filing 173

ORDER Denying Inmate Perry's 171 Motion to be Excluded as Plaintiff's Witness as Moot signed by Magistrate Judge Barbara A. McAuliffe on 07/19/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN ELLIS PORTER,

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Plaintiff,
v.
CHERYLEE WEGMAN,

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Case No. 1:10-cv-01500-BAM (PC)
ORDER DENYING INMATE PERRY’S
MOTION TO BE EXCLUDED AS
PLAINTIFF’S WITNESS AS MOOT
(ECF No. 171)

Defendant.

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Plaintiff Brian Ellis Porter (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds on Plaintiff’s

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claims against Defendant Wegman for violation of the Free Exercise Clause of the First

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Amendment.

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On June 26, 2017, Plaintiff filed a motion for attendance of unincarcerated and

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incarcerated witnesses. (ECF No. 157.) Following the telephonic trial confirmation hearing held

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on July 11, 2017, the Court issued an order denying Plaintiff’s motion with respect to the

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attendance of incarcerated witnesses Donald Ray Perry (CDCR #P92110), George Hamilton

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(CDCR #K54885), Allen B. Williams (CDCR #C09851), and Jimmy Serna (CDCR #AK2741).

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(ECF No. 167.)

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Currently before the Court is a motion to be excluded as Plaintiff’s witness, filed by

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Donald R. Perry, Sr. (P-92110), on July 10, 2017. (ECF No. 171.) As Plaintiff’s motion for the

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attendance of incarcerated witnesses has been denied, the Court finds it unnecessary to reach the

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merits of Inmate Perry’s motion.
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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Inmate Perry’s motion to be excluded as Plaintiff’s witness (ECF NO. 171) is

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DENIED as moot;
2. The Clerk of the Court shall serve a copy of this order on Inmate Perry at Correctional

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Training Facility (CTF), P.O. Box 689, Soledad, CA, 93960.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 19, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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