Jasso

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ISAIAH J. PETILLO, Case No. 1:21-cv-01401-SAB (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR INCARCERATED WITNESS,

v. WITHOUT PREJUDICE

REYNALDO JASSO, et al., (ECF No. 63) Defendants.

15 Plaintiff Isaiah J. Petillo is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is set for jury trial on October 3, 2023. Currently before the Court is Plaintiff’s motion for the attendance of an incarcerated witness, filed June 2, 2023. (ECF No. 63.) Pursuant to the Court’s scheduling order, any opposition was due on or before July 3, 2023. (ECF No. 59.) No opposition has been filed and the time to do so has passed. I. DISCUSSION The uncertainty regarding whether or not the proposed witnesses are willing to testify voluntarily does not preclude this Court from ordering their transportation. Rather, in determining whether to grant…