Brooks v. Haviland et al

Filing 102

ORDER signed by Judge Garland E. Burrell, Jr on 11/21/2012 ORDERING that upon reconsideration, the Order of the Magistrate Judge filed 10/29/2012 is AFFIRMED. Defendants are directed to file with the Court the CDCR identification numbers for the eight inmate witnesses listed on p. 7 in the Pretrial Order as soon as practicable, no later than ten weeks before trial, or show good cause why they are unable to do so. (Krueger, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD BROOK,

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Plaintiff,

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vs.

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No. 2:09-cv-1364 GEB CKD P

V. SINGH, et al.,

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Defendants.

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ORDER
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On November 5, 2012, plaintiff filed a request for reconsideration of the

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magistrate judge’s order filed October 29, 2012, denying plaintiff’s request for appointment of

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counsel. Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld unless

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“clearly erroneous or contrary to law.” Upon review of the entire file, the court finds that it does

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not appear that the magistrate judge’s ruling was clearly erroneous or contrary to law.

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However, as plaintiff asserts that he is unable to obtain the CDCR identification

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numbers for the eight inmate witnesses listed in the Pretrial Order (Dkt. No 97 at 7), the court

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will direct defendants to supply these numbers. If plaintiff is otherwise unable to comply with

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the Pretrial Order due to circumstances beyond his control (see Dkt. No. 101), he may bring this

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to the court’s attention at the trial confirmation hearing. However, plaintiff is expected to

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comply to the fullest extent possible.
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Therefore, IT IS HEREBY ORDERED that:

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1. Upon reconsideration, the order of the magistrate judge filed October 29, 2012,

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is affirmed; and
2. Defendants are directed to file with the court the CDCR identification numbers

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for the eight inmate witnesses listed on p. 7 in the Pretrial Order as soon as practicable, no later

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than ten weeks before trial, or show good cause why they are unable to do so.

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Dated: November 21, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge