Tamplen

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSE R. ZAIZA, Case No. 2:15-cv-00447-KJM-JDP (PC)

Plaintiff, ORDER (1) GRANTING PLAINTIFF’S

MOTION TO CALL JULIO FALCON AS A

v. WITNESS AT THE FEBRUARY 1, 2021

EVIDENTIARY HEARING AND (2)

D. TAMPLEN, et al., DENYING PLAINTIFF’S MOTION TO

APPOINT COUNSEL

Defendants. ECF Nos. 64, 65

An evidentiary hearing is set for February 1, 2021, on the issue of whether plaintiff 18 exhausted his administrative remedies for his excessive force claims against defendants Giessner 19 and Tamplen. ECF No. 64. Plaintiff has filed a motion requesting that Julio Falcon, an inmate at 20 California State Prison Corcoran (“CSP Corcoran”), be permitted to testify at the evidentiary 21 hearing. ECF No. 64. Plaintiff has also filed a motion for appointment of counsel. ECF No. 65. 22 For the following reasons, plaintiff’s motion to call Mr. Falcon as a witness will be granted and 23 his motion for appointment of counsel will be denied. 24 According…