(PC) Saldana v. Spearman

• Court: District Court, E.D. California
• Decided: July 10, 2024
• Docket: 2:18-cv-00319
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL SALDANA, No. 2:18-cv-00319-DJC-AC 12 Plaintiff, 13 v. ORDER

14 M.E. SPEARMAN, et al.,

15 Defendants. 16

17 Plaintiff has filed a Motion for Attendance of an Incarcerated Witness. (ECF No. 18 112.) Defendant has not opposed Plaintiff’s Motion. 19 In determining whether to grant a motion for attendance of an incarcerated 20 witness, courts will often consider “(1) whether the inmate's presence will substantially 21 further the resolution of the case, (2) the security risks presented by the inmate's 22 presence, (3) the expense of transportation and security, and (4) whether the suit can 23 be stayed until the inmate is released without prejudice to the cause asserted.” Villey 24 v. Machado, No. 1:18-cv-01067-ADA-HBK, 2022 WL 14751480, at *1 (E.D. Cal. Oct. 25 25, 2022) (citing Wiggins v. County of Alameda, 717 F.2d 466, 468 n.1 (9th Cir. 1983)). 26 The Court finds that witness Jesus Avila (AE9152) should be brought to testify 27 at trial. Given the apparent relevance of Mr. Avila’s testimony as a witness to the 28 events at issue in this action, Mr. Avila’s presence will substantially further the 1 | resolution of this case. There is no evidence before the court that Mr. Avila’s presence 2 || presents security risks, that transportation and security for Mr. Avila will create undue 3 | expense, or that this action can reasonably be stayed until Mr. Avila is released.’ As 4 | noted, Defendant has not opposed Plaintiff's Motion. 5 Accordingly, Plaintiff's Motion for Attendance of an Incarcerated Witness (ECF 6 | No. 112) is GRANTED. A writ of habeas corpus ad testificandum to have Jesus Avila 7 | (AE9152) brought to court to testify at trial will issue separately. 8 9 IT IS SO ORDERED. 10 | Dated: _July 9, 2024 Donal J Cob tto— Hon. Daniel alabretta " UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 | - saldana18cv00319.incar_wit 18 19 20 21 22 23 24 25 26 27 | — SSS ' The Court also notes that this case was first filed in 2018. Despite this delay, Plaintiff represents that 28 | Mr. Avila remains in custody.