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Troas V. Barnett v. Martin Gamboa

January 15, 2013

TROAS V. BARNETT,
PLAINTIFF,
v.
MARTIN GAMBOA, ANGEL DURAN, AND MANUEL TORRES,
DEFENDANTS.



The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

OR DER R EGAR DING PLAINTIFF'S OBJECTION TO THE COURT'S ORDER D ENYING THE P R ODU C T IO N O F INCARCERATED INMATE WITNESS SVEN JOHNSON ORDER OVERRULING COURT'S PRIOR ORDER AND GRANTING PLAINTIFF'S M O T I O N F O R P R O D U C T IO N O F INCARCERATED INMATE WITNESS SVEN JOHNSON AT TRIAL (ECF Nos. 212, 239.)

Plaintiff Troas V. Barnett ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Martin Gamboa, Angel Duran and Manuel Torres for the use of excessive force, and against Defendant Torres for failure to intervene in violation of the Eighth Amendment. The matter is set for trial on January 22, 2012, at 8:30 a.m. before the undersigned.

I. Background

On July 27, 2012, Plaintiff filed a motion for the attendance of incarcerated witness Sven Johnson. (ECF No. 152.) Inmate Johnson currently is housed at the California Substance Abuse Treatment Facility ("CSATF") in Corcoran and was Plaintiff's cell mate at the time of the underlying incident.

In support of the motion for production, Plaintiff declared that Inmate Johnson was an "eye witness/ear witness" to the following:

(1) Defendant Torres instructing Plaintiff to enter the upper tier shower with Inmate Johnson and Plaintiff refusing the order;

(2) Defendant Gamboa securing Inmate Johnson in the shower and asking him which bunk he was assigned to in cell 206;

(3) Defendants ordering Plaintiff to return to cell 206;

(4) Defendants Gamboa and Duran pulling Plaintiff inside cell 206;

(5) the duration of time that Defendants Gamboa and Duran remained inside cell 206 and then positioning themselves in front of the cell after exiting;

(6) the severity of injury inflicted on Plaintiff;

(7) the actions of Defendants Gamboa and Duran as Plaintiff exited cell 206 and whether an extensive paton struggle occurred; and

(8) Defendant Torres' "postponement of activation" of the emergency housing unit alarm.

On August 8, 2012, Defendants objected to transportation of Inmate Johnson, but submitted that he should be permitted to appear at trial by video ...


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