Thomas v. Garcia et al

Filing 154

ORDER Requiring Plaintiff to Provide the Court with Information Concerning Each Unincarcerated Witness, signed by Magistrate Judge Jennifer L. Thurston on 5/7/13. (Verduzco, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

)
)
Plaintiff,
)
)
v.
)
CALIFORNIA DEP’T OF CORRECTIONS, )
)
et al.
)
Defendants.
)
)
JEAN-PIERRE K. THOMAS,

Case No.: 1:08-cv-00689 - JLT (PC)
ORDER REQUIRING PLAINTIFF TO PROVIDE
THE COURT WITH INFORMATION
CONCERNING EACH UNINCARCERATED
WITNESS
(Doc. 144)

17

Plaintiff Jean-Pierre K. Thomas (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18

pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 144). Before the Court is

19

Plaintiff’s Motion to Subpoena Unincarcerated Witness to Jury Trial.” (Doc. 144). In his motion,

20

Plaintiff “moves the Court to send him [a] subpoena, motion, and/or anything” to enable LVN M.

21

Harkins to testify at trial. Id. at 1.

22

The Court previously informed Plaintiff of the steps he must follow to subpoena an

23

unincarcerated witness who will not voluntarily testify. (Doc. 131 at 3-4 ¶ 4). In relevant part, the

24

Second Scheduling Order, dated December 11, 2012, stated:

25
26
27
28

“If Plaintiff wishes to obtain the attendance of one or more unincarcerated witnesses
who refuse to testify voluntarily, Plaintiff must first notify the Court in writing of
the name and location of each unincarcerated witness. The Court will calculate the
travel expense for each unincarcerated witness and notify Plaintiff of the amount(s).
Plaintiff must then, for each witness, serve a money order made payable to the
witness for the full amount of the witness’s travel expenses plus the daily
witness fee of $40.00. Plaintiff will also be provided with subpoenas for service
1

upon the unincarcerated witnesses. Plaintiff should notify the Court of the names
and locations of his witnesses, in compliance with step one, as soon as possible.”

1
2
3

Id. Plaintiff has not provided the Court with Ms. Harkins’ location1 in his current motion. See (Doc.

4

144).

5

Accordingly, Plaintiff SHALL file a single-page document to the Court setting forth only the

6

full name, to the extent this is known, and location of each unincarcerated witness, including LVN M.

7

Harkins, who Plaintiff wishes to testify at trial and for whom a subpoena is necessary. This document

8

SHALL be submitted to the Court within 14 days of the date of service of this Order.

9
10

IT IS SO ORDERED.

11

Dated:

May 7, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

12

DEAC_Signature-END:

13

9j7khijed

14
15
16
17
18
19
20
21
22
23
24
25
26
27
1

28

The Court presumes Plaintiff does not know of Ms. Harkins’ home address however, if he does not, he must identify, at a
minimum, her place of employment.

2