Brandon v. Williams, et al.

Filing 115

ORDER signed by Magistrate Judge Dennis M. Cota on 2/17/2021 DENYING without prejudice to renewal with a proper affidavit 97 Motion for Attendance of Incarcerated Witness D. Whitley. (Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KAIAN BRANDON, 12 13 14 15 No. 2:14-CV-2883-TLN-DMC-P Plaintiff, v. ORDER L. WILLIAMS, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for the attendance of 19 incarcerated witness D. Whitley, ECF No. 97. 20 Plaintiff states that inmate Whitley “be brought to trial involuntarily.” See id. at 3. 21 Plaintiff has not indicated, as required by the Court’s February 13, 2020, order, that inmate 22 Whitley is unwilling to testify voluntarily. Plaintiff’s motion is, therefore, denied without 23 prejudice to renewal with a proper affidavit. 24 IT IS SO ORDERED. 25 26 Dated: February 17, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 27 28 1

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