Jesse Washington v. Samuels

Filing 81

ORDER Denying As Moot Plaintiff's Motion For Court Order To Communicate With Inmate Witness (ECF Nos. 76 , 80 ), signed by Magistrate Judge Stanley A. Boone on 1/25/2016. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE WASHINGTON,

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Plaintiff,
v.
R. SAMUELS,
Defendant.

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Case No.: 1:12-cv-01404-DAD-SAB (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
MOTION FOR COURT ORDER TO
COMMUNICATE WITH INMATE WITNESS
[ECF Nos. 76, 80]

Plaintiff Jesse Washington is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On December 7, 2015, Plaintiff filed a motion for a court order to communicate with an inmate

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witness. (ECF No. 76.) On January 5, 2016, the Court directed Defendant to file a response to

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Plaintiff’s motion. (ECF No. 77.) Defendant filed a response to Plaintiff’s motion on January 22,

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2016. (ECF No. 80.)

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In his response, defense counsel submits a declaration and attests that the issues raised by

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Plaintiff in his motion have been addressed. (Decl. of Jason Braxton, ¶¶ 2-4.) More specifically,

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defense counsel declares that on January 21, 2016, he “received notice from the litigation coordinator

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at the institution housing Mr. Lawson (inmate witness) that Plaintiff’s request had been approved. (Id.

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at ¶ 3; Ex. A.) Accordingly, because Plaintiff has been authorized communicate with inmate witness

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Lawson, Plaintiff’s motion for a court order to authorize such communication shall be DENIED as

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MOOT.

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IT IS SO ORDERED.

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Dated:

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January 25, 2016
UNITED STATES MAGISTRATE JUDGE

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