Chappell v. Pliler, et al
Filing
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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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