Branch v. Grannis, et al.,

Filing 254

ORDER OVERRULING Objection to Order DENYING Motion for Attendance of Incarcerated Witness and DIRECTING Clerk of Court to Forward 251 In Forma Pauperis Application to Ninth Circuit 250 , 252 , 253 , signed by Magistrate Judge Stanley A. Boone on 11/22/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LOUIS BRANCH,
Plaintiff,

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Case No. 1:08-cv-01655-SAB (PC)
ORDER OVERRULING OBJECTION TO
ORDER DENYING MOTION FOR
ATTENDANCE OF INCARCERATED
WITNESSES AND DIRECTING CLERK OF
COURT TO FORWARD IN FORMA
PAUPERIS APPLICATION TO NINTH
CIRCUIT

v.
D. UMPHENOUR, et al.,
Defendants.

(ECF Nos. 250, 251, 252, 253)

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On October 28, 2016, an order issued denying Plaintiff’s motion for the attendance of

19 incarcerated witnesses.

(ECF No. 248.)

Plaintiff filed objections, a notice of corrected

20 objections, corrected objections, and a motion to proceed informa pauperis on a writ of
21 mandamus on November 14, 2016. (ECF Nos. 250, 251, 252, 253.)
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Plaintiff objects to the order denying his motion for the attendance of incarcerated

23 witnesses on the ground that he did not have an opportunity to respond to objections filed by
24 Defendants. However, Defendants did not file objections to Plaintiff’s motion for the attendance
25 of incarcerated witnesses. Plaintiff’s motion was denied as it was procedurally defective because
26 he did not comply with the scheduling order but stated that he would file his motion for the
27 attendance of incarcerated witnesses at a later date. Accordingly, Plaintiff’s objection to the
28 order denying his motion for the attendance of incarcerated witnesses is HEREBY

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1 OVERRULED. Plaintiff is advised that efforts should be made by him to prepare for trial which
2 is set for January 30, 2017. Plaintiff is advised that the trial will be commencing on that date.
3 Plaintiff is further advised that he must comply with those dates previously set for filing
4 documents. Plaintiff should direct his efforts in seeing that these documents, deadlines set
5 pursuant to court order, are timely filed in order to avoid issues of exclusions of Plaintiff’s
6 evidence and other issues associated with Plaintiff’s failure to comply with court orders.
Plaintiff also filed a motion to proceed in forma pauperis on a writ of mandamus which is

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8 directed to the Ninth Circuit. The clerk of the court is DIRECTED to forward the motion to
9 proceed in forma pauperis to the Ninth Circuit.
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IT IS SO ORDERED.

12 Dated:

November 22, 2016
UNITED STATES MAGISTRATE JUDGE

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