Glass v. Woodford et al

Filing 206

ORDER DENYING of Plaintiff's 203 & 205 Motions for Subpoena Duces, Writ of Habeas Corpus Ad Testificandum and All Writs Act; ORDER GRANTING Plaintiff Relief From Pretrial Order Requiring Submission of Four Pre-Marked Copies of His Proposed Trial Exhibits 155 , signed by District Judge Anthony W. Ishii on 3/28/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONALD GLASS,

CASE NO. 1:09-cv-00098-AWI-BAM PC

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Plaintiff,

ORDER DENYING OF PLAINTIFF’S
MOTION FOR SUBPOENA DUCES, WRIT OF
HABEAS CORPUS AD TESTIFICANDUM
AND ALL WRITS ACT (ECF Nos. 203, 205)

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v.
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J. S. WOODFORD, et al.,

ORDER GRANTING PLAINTIFF RELIEF
FROM PRETRIAL ORDER REQUIRING
SUBMISSION OF FOUR PRE-MARKED
COPIES OF HIS PROPOSED TRIAL
EXHIBITS (ECF No. 155)

Defendants.

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Plaintiff Donald Glass (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. A jury trial is scheduled for April

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16, 2013. On February 15, 2013, the Court issued a Pretrial Order, which set forth the deadlines for

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pretrial submissions. Pursuant to that order, the parties are required to submit four complete sets of

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proposed trial exhibits on or before April 11, 2013. (ECF No. 155, pp. 23-24.) On March 22, 2013,

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Plaintiff filed a document entitled “Plaintiff’s Motion for Subpoena Duces, Writ of Habeas Corpus

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Ad Testificandum and All Writs Act Requiring And Commanding Non Parties Warden, Captain and

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Librarian to Appear Themselves With Glass and Four Sets of Premarked Exhibits at Trial Court on

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April 1, 2013 or, In The Alternative a Telephonic Conference with Non Parties Directing Them to

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Photocopy Four Sets of Pre-Marked Exhibits.” (ECF No. 203.) On March 27, 2013, Plaintiff filed

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a duplicate document. (ECF No. 205.)

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By his motions, Plaintiff requests that the Court order the Kern Valley State Prison librarian,

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warden and facility captain to appear at the courthouse with four sets of pre-marked exhibits on April
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1, 2013, or alternatively, that the Court convene a telephonic conference with these non-parties and

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direct them to photocopy four sets of pre-marked exhibits. The Court declines to issue a subpoena

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or other order directing the Kern Valley State Prison librarian, warden and facility captain to appear

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at the courthouse with pre-marked exhibits or to otherwise order them to make photocopies.

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Plaintiff’s request is a form of injunctive relief and this action provides no basis upon which to

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award Plaintiff such relief against non parties. See, e.g., Steel Co. v. Citizens for a Better

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Environment, 523 U.S. 83, 102-103, 118 S.Ct. 1003 (1998) (discussing case-or-controversy

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requirement).

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However, to the extent Plaintiff seeks relief from the Court’s pretrial order requiring the

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production of four sets of pre-marked exhibits, his request shall be granted. Plaintiff shall be

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required to submit a single pre-marked copy of his proposed trial exhibits no later than April 15,

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2013.

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Based on the foregoing, it is HEREBY ORDERED as follows:

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1.

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all writs act are DENIED;
2.

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Plaintiff’s request for relief from the Pretrial Order requiring production of four premarked copies of his proposed trial exhibits is GRANTED; and

3.

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Plaintiff’s motions for subpoenas duces, writ of habeas corpus ad testificandum and

Plaintiff is required to submit one (1) copy of his pre-marked exhibits to Courtroom
Deputy Harold Nazaroff on or before April 15, 2013.

IT IS SO ORDERED.

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Dated:
0m8i78

March 28, 2013
SENIOR DISTRICT JUDGE

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