Goolsby v. Carrasco et al

Filing 63

ORDER regarding 58 Motion for the Attendance of Unincarceratd Witnesses: Defendant Gonzales and Dr. Ponder,signed by Magistrate Judge Jennifer L. Thurston on 8/1/2011. (21 - Day Deadline) (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS GOOLSBY,

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Plaintiff,

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Case No. 1:09-cv-01650 JLT (PC)
ORDER REGARDING MOTION FOR THE
ATTENDANCE OF UNINCARCERATED
WITNESSES

vs.
M. CARRASCO, et al.,

(Doc. 58)

Defendants.
/

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In its July 5, 2011 scheduling order, the Court notified Plaintiff that to the extent that he sought

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the attendance of unincarcerated witnesses who refuse to testify at trial, he must notify the Court the

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name and location of the unincarcerated witness. (Doc. 55 at 3.) The Court would then calculate the

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travel expenses for the witness and notify Plaintiff of the amount. (Id. at 3-4.) Plaintiff would then be

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required to submit a money order to the Court for the amount indicated. (Id. at 4.)

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On July 27, 2011, Plaintiff filed notice with the Court indicating that he wishes to compel the

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appearance of two unincarcerated witnesses at trial: Defendant Gonzales and Dr. Ponder. (Doc. 58 at

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1.) Plaintiff, however, did not provide the Court with the location of these individuals. Presumably,

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both can be found at the California Correctional Institution, but the Court cannot be sure. Therefore,

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Plaintiff will be required to provide additional information on this issue.

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In a related matter, Plaintiff has indicated that Dr. Ponder has agreed to waive all transportation

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expenses required for his attendance but still requires a subpoena because the California Department of
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Rehabilitation and Corrections will not allow him to testify without a subpoena. (Id. at 2.) Plaintiff is

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advised that he must still post a money order for Dr. Ponder’s attendance even if he has agreed to waive

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the expenses. The United States Marshal will not serve the subpoena without the money order. If Dr.

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Ponder has indeed agreed to waive the expenses, the money order will be refunded to Plaintiff upon

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completion of trial.

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Accordingly, it is HEREBY ORDERED that within twenty-one (21) days of the date of this

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order Plaintiff shall provide additional information regarding the location of Defendant Gonzales and

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Dr. Ponder.

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IT IS SO ORDERED.

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Dated: August 1, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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