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