Dancy v. Scribner, et al

Filing 88

ORDER RE: Plaintiff's Request for the Attendance of Certain Unincarcerated Witnesses 86 , signed by Magistrate Judge Jennifer L. Thurston on 5/26/11: The Court will not issue subpoenas for the purpose of obtaining the appearance of named individuals at trial. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL DANCY,

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Case No. 1:07-cv-00716 OWW JLT (PC)

Plaintiff,

ORDER RE: PLAINTIFF’S REQUEST FOR
THE ATTENDANCE OF CERTAIN
UNINCARCERATED WITNESSES

vs.
A.K. SCRIBNER, et al.,

(Doc. 86)

Defendants.
/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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pursuant to 42 U.S.C. § 1983. In the pretrial order filed March 31, 2011, the Court informed Plaintiff

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that if he wishes to obtain the attendance of unincarcerated witnesses who refuse to testify voluntarily,

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he must notify the Court in writing of the name and location of each unincarcerated witness. (Doc. 83

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at 4.) On April 29, 2011, Plaintiff filed a response to the Court’s pretrial order, wherein he appears to

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request the attendance of the following unincarcerated witnesses: (1) Dr. Thompson; (2) Nurse Douglas;

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(3) Dr. Posner; (4) Dr. Smith; (5) Dr. Reynolds; (6) Dr. Gage; and (7) Dr. Hasadsri. (Doc. 86 at 6-8.)

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Doctors Posner, Smith, Reynolds, and Hasadsri, however, are named defendants in this action, whose

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appearance at trial need not be secured by subpoena. With respect to Dr. Thompson, Nurse Douglas,

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and Dr. Gage1 , Plaintiff has not provided the Court with locations where these witnesses may be found.2

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Accordingly, the Court will not issue subpoenas for the purpose of obtaining the appearance of

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the above-named individuals at trial.

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IT IS SO ORDERED.

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Dated: May 26, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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In response to former defendant-Gage’s motion to dismiss, Plaintiff admitted that Anitra Gage was not a medical
doctor but was, instead, a nurse practitioner. (Doc. 73 at 1; Doc. 76 at 2; Doc. 64 at 1.)
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Notably, the Court’s previous attempts at securing information regarding Dr. Thompson’s location have been
unsuccessful. (See Docs. 38, 39 & 62.)

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