Williams v. Cate, et al.

Filing 120

ORDER Denying Motions For Trial Attendance Of Incarcerated Witnesses (Docs. 110 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119 ), signed by Magistrate Judge Jennifer L. Thurston on 3/14/2012. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN B. WILLIAMS,

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Plaintiff,

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Case No. 1:09-cv-00468 LJO JLT (PC)
ORDER DENYING MOTIONS FOR TRIAL
ATTENDANCE OF INCARCERATED
WITNESSES

vs.

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MATTHEW CATE, et al.,

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Defendants.

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(Docs. 110, 112-119).

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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. Plaintiff has recently filed a Pre-trial Statement (Doc. 110) and eight

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motions requesting the appearances of several incarcerated witnesses. (Docs. 112-119).

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Plaintiff is reminded that on January 13, 2012, due to Defendant Bradley’s military deployment

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and Plaintiff’s request to amend the scheduling order, this Court vacated the trial confirmation hearing

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on February 3, 2012, the March 6, 2012 trial date, and all deadlines set forth in the Third Scheduling

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Order. (Doc. 104). The Court also set a new deadline for dispositive motions and Plaintiff’s Opposition.

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(Doc. 104 and 107).

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Since no new trial date has been scheduled, Plaintiff’s pretrial statement and requests for

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appearances of witnesses at trial are premature. Plaintiff is advised, that at the appropriate time, if he

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wishes to have the Court issue orders for incarcerated witnesses to attend his trial, he will need to follow

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the instructions set forth in the order the Court will provide to him. The Court will advise Plaintiff of
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the required procedures for obtaining the attendance of witnesses at trial when that time draws nearer.

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However, the information Plaintiff provided in his recent motions will not be sufficient to justify the

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Court ordering the inmate-witnesses to appear at trial. (Docs. 112-119). Plaintiff is required to provide

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information including whether the witness is willing to attend the trial and the topics upon which the

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inmate is expected to testify and only witnesses with personal knowledge of the events will be allowed

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to testify.

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Thus, Plaintiff’s motions for attendance at trial of incarcerated witnesses Stubbs, Porter, Fane,

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Crayton, Lewis, Griffin, Hamilton and Quesada are DENIED WITHOUT PREJUDICE as premature.

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IT IS SO ORDERED.

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Dated: March 14, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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