Harris v. Macomber et al

Filing 189

ORDER signed by Magistrate Judge Deborah Barnes on 5/29/2024 GRANTING 188 Motion for Clarification, and AMENDING 185 Order to specify that, absent another court order or the approval of an authorized prison representative, plaintiff may communicate with the 4 inmate witnesses identified in 185 Order only by written correspondence. (Huang, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GRADY HARRIS,

12

Plaintiff,

13

v.

14

J. MUNOZ, et al.,

15

No. 2:16-cv-0830 TLN DB P

ORDER

Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C.

18

§1983. Plaintiff alleges defendants used excessive force in violation of his rights under the

19

Eighth Amendment. In an order filed May 7, 2024, this court ordered defendants to cause

20

plaintiff’s current place of incarceration to permit plaintiff to communicate with four inmate

21

witnesses. (ECF No. 185.) Defendants seek clarification or reconsideration of the order. (ECF

22

No. 188.) Defendants ask the court to clarify the permissible method(s) of communication.

23

Specifically, defendants request that plaintiff’s communication be limited to written

24

correspondence with the inmate witnesses. Defendants cite the complications and potential

25

security issues involved in permitting plaintiff to engage in other types of communication.

26

This court finds the bases for defendants’ request reasonable and further finds that written

27

correspondence should be sufficient to permit plaintiff to communicate with the four inmate

28

witnesses. If plaintiff wishes to communicate with the four inmate witnesses in another way, he
1

1

shall file a request to do so. In any such request, plaintiff must explain why written

2

correspondence is not adequate to obtain the information he requires.

3

For the foregoing reasons, IT IS HEREBY ORDERED that

4

1. Defendants’ motion for clarification (ECF No. 188) of the court’s May 7 order is

5

granted; and

6

2. The May 7, 2024 order is amended to specify that, absent another court order or the

7

approval of an authorized prison representative, plaintiff may communicate with the

8

four inmate witnesses identified in the May 7 order only by written correspondence.

9

Dated: May 29, 2024

10
11
12
13
14
15
16
17
18
19
20
21
22
23

DLB:9
DB Prisoner Inbox/Civil Rights/R/harr0830.5 7 order amend

24
25
26
27
28
2