Chappell v. Pliler, et al

Filing 119

ORDER signed by Magistrate Judge Deborah Barnes on 11/28/2017 GRANTING 112 Motion for Attendance of Incarcerated Witnesses at Trial. At the appropriate time, the court will issue separate writs of habeas corpus ad testificandum. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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Plaintiff,

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No. 2:04-cv-1183 TLN DB P

v.

ORDER

C.K. PLILER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding with counsel in this civil rights action under 42 U.S.C.

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§ 1983. Plaintiff moves for the attendance at trial of incarcerated witnesses. (ECF No. 112.)

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Defendants have not filed an opposition to plaintiff’s motion.
The Court has discretion to grant a motion for the attendance of incarcerated witnesses if the

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moving party has shown the witnesses have relevant information and the Court determines the

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witnesses' presence will substantially further the resolution of the case. Wiggins v. County of

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Alameda, 717 F.2d 466, 468 n.1 (9th Cir. 1983). Plaintiff has demonstrated that three

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incarcerated witnesses, John Roseberry, Samuel Solomon, and Benjamin Washington, have

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personal knowledge of information that is relevant to the claims in this action.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED that plaintiff’s Motion

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for the Attendance of Incarcerated Witnesses (ECF No. 112) is granted. At the appropriate time,

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the court will issue separate writs of habeas corpus ad testificandum to secure the attendance of

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Mr. Roseberry, Mr. Solomon, and Mr. Washington at trial.

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Dated: November 28, 2017

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DLB:9
DLB1/prisoner-civil rights/chap1183.mot for ws

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