Swetalla

I. BACKGROUND

19 Plaintiff Cion Peralta is a state prisoner proceeding pro se in this civil rights action filed 20 pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s claims against Defendant 21 Swetalla for sexual assault and excessive force in violation of the Eighth Amendment, retaliation 22 in violation of the First Amendment, and negligence; Plaintiff’s First Amendment retaliation 23 claim against Defendant Machado; and Plaintiff’s Fourteenth Amendment due process claim 24 against Defendant Powers. (ECF Nos. 55, 57). 25 On January 26, 2022, Plaintiff filed a motion for attendance of witnesses and request for 26 judicial notice. (ECF No. 72). On February 18, 2022, Defendants filed an opposition. (ECF No. 27 74). II. MOTION FOR ATTENDANCE OF WITNESSES AND REQUEST FOR

JUDICIAL NOTICE

2 Plaintiff requests the attendance of the following eight persons, whom he asserts have 3 agreed to testify without being subpoenaed: 4 1. Frank Kingery C-72897. This individual was plaintiff’s cell mate and witnessed many assaults by Tehachapi guards in our building. As well as who was assaulted and exactly what cells they were in as all assaults were visible to…