Hypolite v. Zariora et al

Filing 90

ORDER Denying Plaintiff's 89 Motion for Order Directing the California Department of Corrections and Rehabilitation to Allow Inmate Witness to Appear in Prison Khakis During Trial signed by Chief Judge Lawrence J. O'Neill on 05/02/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AVERY HYPOLITE,

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Plaintiff,
v.
R. ZAMORA,

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Defendant.

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Case No.: 1:14-cv-01199-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR ORDER DIRECTING THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION TO ALLOW INMATE
WITNESS TO APPEAR IN PRISON KHAKIS
DURING TRIAL
(Doc. 89)

Plaintiff Avery Hypolite is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action proceeds to trial on Plaintiff’s claim of excessive force

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against Defendant R. Zamora, and jury trial is set for May 23, 2017, at 8:30 a.m. before the

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undersigned.
Currently before the Court is Plaintiff’s motion for an order directing the California
Department of Corrections and Rehabilitation (CDCR) to allow inmate, Jesse Washington, to wear
prison khakis at trial in this matter, filed May 1, 2017.
On March 30, 2017, the Court denied Plaintiff’s request for the attendance of inmate witness,

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Jesse Washington, to be transported to trial in this matter.

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Accordingly, Plaintiff’s request for inmate Washington to appear in prison khakis is denied as moot.

(Order at 3:22-4:19, Doc. 78.)

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IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill _____

May 2, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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