Ramon Arceo v. Gonzales et al

Filing 47

ORDER Granting Plaintiff's Motion For Attendance Of Incarcerated Witnesses (ECF No. 42 ), signed by Magistrate Judge Michael J. Seng on 4/13/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMON ARCEO,

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Plaintiff,
v.
J. GONZALEZ, et al.,

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CASE NO. 1:13-cv-02083-MJS (PC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR ATTENDANCE OF
INCARCERATED WITNESSES
(ECF No. 42)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendants Recio, Souvannkaham, and Gonzales on Plaintiff’s Eighth Amendment

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excessive force and state law assault and battery claims.

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Before the Court is Plaintiff’s March 18, 2015 motion for the attendance of
incarcerated witnesses at trial. Defendants filed no opposition.

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Plaintiff seeks to have Inmates Davila, Ortega, and Basurto made available to

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testify at trial. He attests that all three witnesses have informed him they are willing to

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testify voluntarily.

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Inmate Davila is expected to testify that he had a clear view of Plaintiff’s cell, saw

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Defendants Recio and Souvannkaham enter Plaintiff’s cell, and thereafter heard sounds

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of an altercation.

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Inmate Ortega is expected to testify that his cell was below Plaintiff’s. He saw

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Defendants Recio and Souvannkaham climb the stairs and thereafter heard an

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altercation. Afterward, he saw Defendant Gonzalez dragging and slamming Plaintiff

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down the stairs. Other inmates called on Gonzalez to stop his actions. Gonzalez

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responded, “Why do you guys care for this rapist?” and continued his conduct.

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Inmate Basurto is expected to testify that his cell was below Plaintiff’s. He saw

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Defendants Recio and Souvannkaham climb the stairs and thereafter heard an

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altercation. Afterward, he saw Defendant Gonzalez dragging and slamming Plaintiff

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down the stairs. He and other inmates called on Gonzalez to stop his actions. Gonzalez

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responded, “Why do you guys care for this rapist?” and continued his conduct.

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Plaintiff has made a sufficient showing to warrant making these witnesses

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available to testify at trial. Accordingly, his motion is HEREBY GRANTED. The Court will

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issue a Writ for Transportation ad Testificandum for Inmates Davila, Ortega, and

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Basurto.

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IT IS SO ORDERED.
Dated:

April 13, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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