Johnson v. Rodriguez

Filing 55

ORDER GRANTING 49 Plaintiff's Motion for Attendance of Incarcerated Witness Roderick Germell Thompson signed by Magistrate Judge Stanley A. Boone on 6/23/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEONARD JOHNSON,

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Plaintiff,

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v.
HUMBERTO RODRIGUEZ,
Defendant.

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Case No.: 1:12-cv-00820-SAB (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR ATTEDANCE OF INCARCERATED
WITNESS RODERICK GERMELL THOMPSON
[ECF No. 49]

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Plaintiff Leonard Johnson is proceeding in this civil rights action pursuant to 42 U.S.C. § 1983.

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Pursuant to 28 U.S.C. § 636(c), the parties consented to the jurisdiction of the United States magistrate

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judge. Local Rule 302.

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The action is proceeding against Defendant Humberto Rodriguez based on Plaintiff’s claim of
excessive force.
On June 15, 2015, Plaintiff filed a motion for the attendance of incarcerated witness Roderick

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Germell Thompson, CDCR # AA3413, to appear at trial beginning on August 18, 2015. Defendant

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did not oppose Plaintiff’s motion.

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In determining whether to grant Plaintiff’s motion for the attendance of his proposed witnesses,

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factors to be taken into consideration include (1) whether the inmate’s presence will substantially

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further the resolution of the case, (2) the security risks presented by the inmate’s presence, and (3) the

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expense of transportation and security, and (4) whether the suit can be stayed until the inmate is
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released without prejudice to the cause asserted. Wiggins v. County of Alameda, 717 F.2d 466, 468

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n.1 (9th Cir. 1983); see also Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994) (district court did

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not abuse its discretion when it concluded the inconvenience and expense of transporting inmate

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witness outweighed any benefit he could provide where the importance of the witness’s testimony

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could not be determined), abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 (1995).
Plaintiff submits that Mr. Thompson is currently housed at the California Institute of Men in

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Chino, California. On May 30, 2012, Mr. Thompson provided a written declaration stating that he

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witnessed Defendant Rodriguez taking “Johnson’s arm, twisted it behind his back to his neck, then

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slammed his head forcibly on the desk. Due to the injury of inmate Johnson’s arm, it needed

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immediate medical attention.” (ECF No. 49, Motion Ex. A.) Plaintiff submits that Mr. Thompson is

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not willing to testify voluntarily and Court assistance is needed to cause the witness’s custodian to

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bring him to Court.
Based on the foregoing, Plaintiff’s motion for the attendance of incarcerated witness Roderick

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Germell Thompson, CDCR # AA3413, is GRANTED.

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The Court will issue the necessary

transportation orders in due course.

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IT IS SO ORDERED.

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Dated:

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June 23, 2015
UNITED STATES MAGISTRATE JUDGE

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