Opinion
No. CIV S-00-1486 LKK JFM P.
October 16, 2007
ORDER
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pursuant to court order, this matter came on for trial confirmation hearing on August 13, 2007. Antonio Cortez Buckley participated by videoconference. Jeffrey Steel, Deputy Attorney General, appeared as counsel for defendants.
Plaintiff has requested redaction of all records from his central and medical files to be admitted into evidence at the trial of this matter to remove all reference to his underlying criminal offense. Good cause appearing, plaintiff's request will be granted.
Defendants have requested that custodians of records be permitted to authenticate documents by declaration rather than by live testimony. Plaintiff has declined to stipulate to this procedure. Accordingly, defendants' request will be denied.
At the hearing, plaintiff requested that he be allowed to present at trial a replica of the holding cage in which he was held, built out of cardboard to the exact dimensions of the cage in which he was held. After consideration of the arguments of the parties, and good cause appearing, defendants will be directed to file with the court and serve on plaintiff an appropriate document, admissible at trial, setting forth the dimensions of the holding cages on B-Yard at California State Prison-Sacramento.
At the hearing, plaintiff requested permission to pay the witness fees required to subpoena Correctional Officer Steve Flory on a monthly basis. Good cause appearing, plaintiff's request will be granted as to this witness only. Defendants will be directed to produce Correctional Officer Flory to testify at trial.
Plaintiff's request to call Deputy Inspector General Richard Ramsdell, identified on his witness list, in a similar manner is denied.
Finally, the jury trial of this matter set for October 23, 2007 will be continued to December 11, 2007 at 10:30 a.m.
In accordance with the above, IT IS HEREBY ORDERED that:
1. All records from plaintiff's central and medical file to be offered into evidence at the trial of this matter shall be redacted to remove all reference to plaintiff's underlying criminal offense;
2. Within ten days from the date of this order defendants shall file with the court and serve on plaintiff an appropriate document, admissible at trial, setting forth the dimensions of the holding cages on B-Yard at California State Prison-Sacramento.
3. Plaintiff's request to pay the witness fees required to subpoena Correctional Officer Steve Flory on a monthly basis is granted. Defendants shall produce Correctional Officer Flory to testify at trial.
4. Jury trial is continued from October 23, 2007 to December 11, 2007 at 10:30 a.m. in Courtroom # 4.