Brandon v. Williams, et al.

Filing 110

ORDER signed by Magistrate Judge Dennis M. Cota on 2/17/2021 DENYING without prejudice to renewal with a proper affidavit 94 Motion for Attendance of Incarcerated Witness Gilbert Berry. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAIAN BRANDON,

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No. 2:14-CV-2883-TLN-DMC-P

Plaintiff,
v.

ORDER

L. WILLIAMS, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for the attendance of

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incarcerated witness Gilbert Berry, ECF No. 94.

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Plaintiff states that inmate Berry “should be involuntarily brought to trial.” See id.

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at 2. Plaintiff has not indicated, as required by the Court’s February 13, 2020, order, that inmate

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Berry is unwilling to testify voluntarily. Plaintiff’s motion is, therefore, denied without prejudice

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to renewal with a proper affidavit.

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IT IS SO ORDERED.

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Dated: February 17, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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