United States District Court 7 Eastern District of California 8 9 Peter Brown, Case No

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United States District Court 7 Eastern District of California 8 9 Peter Brown, Case No

Case 1:01-cv-06526-DLB Document 93 Filed 06/15/07 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 PETER BROWN, CASE NO. 1:01-cv-06526-DLB PC 10 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR THE ATTENDANCE OF 11 v. INCARCERATED WITNESSES ON THE GROUND THAT THE WITNESSES ARE NO 12 J. VALOFF, LONGER INCARCERATED 13 Defendant. (Doc. 86) / 14 15 Plaintiff Peter Brown (“plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This is a damages action 17 proceeding on plaintiff’s original complaint, filed August 30, 2000, against defendant Jason 18 Valoff (“defendant”) for use of excessive physical force, in violation of the Eighth Amendment 19 of the United States Constitution. This matter is set for jury on August 7, 2007. On April 16, 20 2007, plaintiff filed a motion seeking the attendance of incarcerated witnesses. Defendant did 21 not file an opposition. 22 Plaintiff seeks to have inmate witnesses Allison #P-03940, Tobin #K-71380, Bell #J- 23 73885, and Washington #K-02022 transported for trial. Plaintiff attests under penalty of perjury 24 that all four inmates saw the incident at issue in this action, and inmates Allison and Tobin are 25 willing to testify. Plaintiff does not know if inmates Bell and Washington are willing to testify. 26 /// 27 /// 28 /// 1 Case 1:01-cv-06526-DLB Document 93 Filed 06/15/07 Page 2 of 2 1 The court has considered plaintiff’s motion for the attendance of inmate witnesses 2 Allison, Tobin, Bell, and Washington and it would be granted under ordinary circumstances. 3 However, in attempting to obtain the current locations of the inmate witnesses, the court was 4 informed that inmates Allison, Tobin, and Washington have been discharged, and inmate Bell is 5 on parole. Because the four inmate witnesses are no longer incarcerated, plaintiff’s motion must 6 be denied. Plaintiff may subpoena these witnesses or they may appear voluntarily. 7 For the foregoing reason, plaintiff’s motion for the attendance of inmate witnesses 8 Allison, Tobin, Bell, and Washington is HEREBY DENIED, without prejudice. 9 10 IT IS SO ORDERED. 11 Dated: June 14, 2007 /s/ Dennis L. Beck 3b142a UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.

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