Spearman

(PC) Saldana v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaJuly 10, 20242:18-cv-00319California374 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL SALDANA, No. 2:18-cv-00319-DJC-AC Plaintiff, v. ORDER

M.E. SPEARMAN, et al.,

Defendants.

Plaintiff has filed a Motion for Attendance of an Incarcerated Witness. (ECF No. 112.) Defendant has not opposed Plaintiff’s Motion. In determining whether to grant a motion for attendance of an incarcerated witness, courts will often consider “(1) whether the inmate's presence will substantially further the resolution of the case, (2) the security risks presented by the inmate's presence, (3) the expense of transportation and security, and (4) whether the suit can be stayed until the inmate is released without prejudice to the cause asserted.” Villey v. Machado, No. 1:18-cv-01067-ADA-HBK, 2022 WL 14751480, at *1 (E.D. Cal. Oct. 25, 2022) (citing Wiggins v. County of Alameda, 717 F.2d 466, 468 n.1 (9th Cir. 1983)). The Court finds that witness Jesus Avila (AE9152) should be brought to testify at…

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