Mario Molina v. Holland et al

Filing 56

ORDER on Plaintiff's 53 54 Motion for Attendance of Witnesses signed by Magistrate Judge Erica P. Grosjean on 6/16/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO MOLINA,

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Plaintiff,

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v.

1:15-cv-01260-DAD-EPG (PC)
ORDER ON PLAINTIFF’S MOTION FOR
ATTENDANCE OF WITNESSES
(ECF NOS. 53 & 54)

K. HOLLAND, et al.,

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Defendants.

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I.

BACKGROUND

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Mario Molina (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On June 1, 2017, the Court set an

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evidentiary hearing on Defendants’ motion for summary judgment. (ECF No. 48). The Court

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also gave Plaintiff the opportunity to file a motion for attendance of witnesses. (Id.).

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Plaintiff filed his motion for attendance of witnesses. (ECF Nos. 53 & 54). Plaintiff

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seeks to bring two witnesses to the evidentiary hearing: inmates Michael Hernandez and Peter

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Mercado. (Id.). According to Plaintiff, both witnesses are willing to testify voluntarily. (ECF

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No. 53).

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On July 15, 2017, Defendants filed a statement of non-opposition to the motion. (ECF
No. 55). However, Defendants request that these witnesses appear via video conference. (Id.).

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The Court will grant both Plaintiff’s motion and Defendants’ request. Defendants

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counsel will be directed to coordinate with California State Prison – Substance Abuse and

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Treatment Facility (“SATF”) and the Court to set up the video conference.

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Accordingly, based on the foregoing, IT IS ORDERED THAT:

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1. Plaintiff’s motion for attendance of witnesses is GRANTED;

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2. Defendants’ request that the witnesses appear via video conference is

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GRANTED; and

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3. Defendants’ counsel is directed to coordinate with SATF and the Court to set up

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the video conference. If Defendants’ counsel believes a writ is necessary to

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compel SATF to produce the witnesses, she is to notify the Court.

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IT IS SO ORDERED.
Dated:

June 16, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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