Crane v. Yates et al

Filing 81

ORDER GRANTING Plaintiff's 70 Motion for Attendance of Incarcerated Witnesses IN PART signed by District Judge Lawrence J. O'Neill on 5/9/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES CRANE,

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Plaintiff,

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1:10cv02373 LJO DLB (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR ATTENDANCE OF INCARCERATED
WITNESSES IN PART

v.
AGUIRRE,

(Document 70)
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Defendant.

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/

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Plaintiff James Crane is a California state prisoner proceeding pro se and in forma
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pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s
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complaint, filed December 21, 2010, against Defendant Aguirre for a claim excessive force in
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violation of the Eighth Amendment.
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On April 15, 2013, Plaintiff filed a motion seeking the attendance of six incarcerated
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witnesses at trial. At the telephonic trial confirmation hearing held on May 9, 2013, Plaintiff
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indicated that he intends to call only two incarcerated witnesses: (1) Inmate Richard Moore,
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CDCR No. T-91578; and (2) Inmate Castrejon, CDCR No. T-36380.
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Accordingly, Plaintiff’s motion for the attendance of incarcerated witnesses is
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GRANTED as to Inmates Moore and Castrejon. The motion is DENIED as to all other requests.
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IT IS SO ORDERED.
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Dated:
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May 9, 2013

/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE

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