Williams v. Romero et al

Filing 81

ORDER signed by Magistrate Judge Deborah Barnes on 03/16/20 ORDERING that within 10 days of the date of this order, defendants shall provide a revised or supplemental declaration of N. Difuntorum with the 3/06/15 Telestaff report for Facility A during third watch. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LANCE WILLIAMS, 12 No. 2:17-cv-1884 TLN DB P Plaintiff, 13 v. 14 ROMERO, et al., 15 ORDER Defendants. 16 Plaintiff is a state prisoner proceeding pro se with an action under 42 U.S.C. § 1983. 17 18 Plaintiff alleges defendants subjected him to excessive force and were deliberately indifferent to 19 his medical needs in violation of the Eighth Amendment. Before the court are plaintiff’s requests 20 for: (1) an extension of time to file an opposition to the pending motion for summary judgment, 21 (2) discovery, and (3) a court order permitting him to communicate with prisoner witnesses. 22 Defendants filed an opposition to the discovery requests and plaintiff filed a reply. In his reply, plaintiff points out that Exhibit C to the Declaration of N. Difuntorum, 23 24 submitted in support of defendants’ summary judgment motion, is incorrect. This court agrees. 25 N. Difuntorum identifies the exhibit as a copy of “a redacted TeleStaff report that was generated 26 to show the staff members who worked in Facility A during third watch (2:00 p.m. to 10:00 p.m.) 27 on March 6, 2015.” However, as plaintiff points out, the date on the report is March 9, 2015 not 28 //// 1 1 March 6, 2015. To permit this court to fully consider plaintiff’s requests, this court will give 2 defendants an opportunity to correct this error. 3 Accordingly, IT IS HEREBY ORDERED that within ten (10) days of the date of this 4 order, defendants shall provide a revised or supplemental declaration of N. Difuntorum with the 5 March 6, 2015 TeleStaff report for Facility A during third watch. 6 Dated: March 16, 2020 7 8 9 10 11 12 13 14 15 16 17 18 DLB:9 DB/prisoner-civil rights/will1884.msj oppo supp 19 20 21 22 23 24 25 26 27 28 2

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