Goolsby v. Carrasco et al

Filing 110

ORDER Addressing Inmate Witness James Allen's Letter Regarding His Attendance At Trial And Directing Plaintiff To File A Response (Doc. 109 ), signed by Magistrate Judge Jennifer L. Thurston on 10/24/2011. (Fahrney, E)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS GOOLSBY,

12

Plaintiff,

13
14

vs.

Case No. 1:09-cv-01650 JLT (PC)
ORDER ADDRESSING INMATE WITNESS
JAMES ALLEN’S LETTER REGARDING HIS
ATTENDANCE AT TRIAL AND DIRECTING
PLAINTIFF TO FILE A RESPONSE

M. CARRASCO, et al.,
(Doc. 109)

15

Defendants.

16

________________________________/

17

On October 5, 2011, the Court received a letter from James Allen, which stated that he did

18

not wish to testify in Plaintiff’s trial, currently scheduled for November 21, 2011. (Doc 109). Based

19

on Plaintiff’s previous representation that Allen could provide relevant information which could

20

“substantially further the resolution” of Plaintiff’s case, the Court previous order (Doc. 83), granted

21

Plaintiff’s motion for the attendance of this witness. Wiggins v. County of Alameda, 717 F.2d 466,

22

468 (9th Cir. 1983).

23
24

In light of Inmate Allen’s letter, Plaintiff is directed to file a responsive document indicating
whether he still wishes to have Allen testify at trial.

25
26

IT IS SO ORDERED.

27

Dated: October 24, 2011
9j7khi

28

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE