(PC) Villareal v. County of Fresno

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 ELAINE K. VILLAREAL, Case No. 1:15-cv-01410-ADA-EPG (PC) 10 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTENDANCE OF v. INCARCERATED WITNESS 12 COUNTY OF FRESNO, (ECF No. 256) 13 Defendant. 14 I. BACKGROUND This action is proceeding against defendant County of Fresno (“Defendant”) on Plaintiff’s Eighth Amendment claim challenging the conditions of confinement based on alleged lack of access to sufficient exercise. (ECF Nos. 146 & 217). According to Plaintiff, there was an unconstitutional informal settled custom, pursuant to which inmates got significantly less than three hours of exercise per week. (See ECF No. 212, p. 7). The trial is currently scheduled for November 8, 2022. (ECF No. 238). On October 3, 2022, the Court issued an order stating that it will not issue a writ of habeas corpus ad testificandum to secure Plaintiff’s attendance at trial or any other inmate witnesses’ attendance at trial. (ECF No. 252). In so ordering, the Court noted…