Hypolite v. Zariora et al
Filing
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ORDER OVERRULING 97 Defendant's Objection to the Court's May 5, 2017, Order Granting Attendance of Inmate Witnesses signed by Chief Judge Lawrence J. O'Neill on 5/8/2017. (Jessen, A)
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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,
Defendant.
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Case No.: 1:14-cv-01199-LJO-SAB (PC)
ORDER OVERRULING DEFENDANT’S
OBJECTION TO THE COURT’S MAY 5, 2017,
ORDER GRANTING ATTENDANCE OF
INMATE WITNESSES
[ECF No. 97]
Plaintiff Avery Hypolite is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This action proceeds to trial on Plaintiff’s claim of excessive force against Defendant R.
Zamora, and jury trial is set for May 23, 2017, at 8:30 a.m. before the undersigned.
On May 5, 2017, the undersigned granted Plaintiff’s motion for the attendance of inmate
witnesses Jesse Washington and Egnacio Joshua. (ECF No. 93.)
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On this same date, Defendant Zamora filed an objection to the Court’s order with regard to
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inmate witness, Jesse Washington. Defendant Zamora argues that Plaintiff has submitted the same
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exact declaration by Jesse Washington which was previously found to be deficient by the Court.
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Plaintiff attached a new and different declaration by inmate Jesse Washington to his May 5, 2017,
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motion. (Mtn. at 4-5, ECF No. 92.) In that declaration, inmate Jesse Washington declares that he was
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an eye and ear witness to the incident between Plaintiff and Defendant Zamora on November 4, 2012.
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As stated in the Court’s May 5, 2017, order, the Court finds that the renewed declaration by inmate
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Jesse Washington is sufficient to demonstrate personal knowledge of the November 4, 2012, incident
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and Washington’s testimony may substantially further the resolution of this case. Accordingly,
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Defendant Zamora’s objection to the attendance of inmate witness Jesse Washington is overruled.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
May 8, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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