Tucker v. Department of Corrections et al

Filing 41

ORDER. In the interest of justice, the court requests that CDCR permit plaintiff to secure a declaration from each of the two prisoners who plaintiff contends witnessed the incident at issue and directs the state attorney general's office facili tate the process. The declarations should be signed under penalty of perjury and filed with plaintiff's opposition to the remaining defendant's motion for summary judgment.. Signed by Judge Vaughn R Walker on 11/25/2008. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 11/25/2008)

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G:\PRO-SE\VRW\CR.06\Tucker2.or5.wpd

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JAMES NATHANIEL TUCKER, Plaintiff(s), v. EDWARD S ALAMEIDA, JR, et al, Defendant(s).

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No C 06-2727 VRW (PR) ORDER

Plaintiff requests the court's assistance in securing a declaration or live testimony from two prisoner witnesses to the incident at issue in this excessive force case. He notes that the California Department of Corrections and Rehabilitation (CDCR) generally prohibits correspondence between inmates. In the interest of justice, the court requests that CDCR permit plaintiff to secure a declaration from each of the two prisoners who plaintiff contends witnessed the incident at issue and directs the state attorney general's office facilitate the process. The declarations should be signed under penalty of perjury and filed with plaintiff's opposition to the remaining defendant's motion for summary judgment. SO ORDERED. VAUGHN R WALKER United States District Chief Judge