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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 AVERY HYPOLITE, 8 9 10 Plaintiff, v. R. ZAMORA, 11 Defendant. 12 13 ) ) ) ) ) ) ) ) ) ) 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 14 pursuant to 42 U.S.C. § 1983. This action proceeds to trial on Plaintiff’s claim of excessive force 15 against Defendant R. Zamora, and jury trial is set for May 23, 2017, at 8:30 a.m. before the 16 17 18 19 20 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, 21 Jesse Washington, to be transported to trial in this matter. 22 Accordingly, Plaintiff’s request for inmate Washington to appear in prison khakis is denied as moot. (Order at 3:22-4:19, Doc. 78.) 23 24 IT IS SO ORDERED. 25 Dated: 26 /s/ Lawrence J. O’Neill _____ May 2, 2017 UNITED STATES CHIEF DISTRICT JUDGE 27 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?