Sutherland v. Yates et al

Filing 156

ORDER DENYING Witness Suknaich's 150 Motion to Vacate the Writ of Habeas Corpus Ad Testificandum, signed by Magistrate Judge Stanley A. Boone on 12/16/2014. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM SUTHERLAND,

12
13
14
15

Plaintiff,
v.
CORRECTIONAL OFFICERS A.
FERNANDO AND J. JERICOFF, et al.,
Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:09-cv-02152-SAB (PC)
ORDER DENYING WITNESS SUKNAICH’S
MOTION TO VACATE THE WRIT OF HABEAS
CORPUS AD TESTIFICANDUM
[ECF No. 150]

Plaintiff William Sutherland is appearing pro se and in forma pauperis in this civil rights action

19

pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), both parties consented to the

20

jurisdiction of the United States Magistrate Judge. Local Rule 302; ECF Nos. 133, 144. This case is

21

currently set for jury trial on January 6, 2014, at 8:30 a.m. before the undersigned.

22

On December 15, 2014, inmate-witness James Suknaich, filed a motion to vacate the order and

23

writ of habeas corpus ad testificandum directing his presence as a witness on January 6, 2014. The

24

Court construes Plaintiff’s motion as a request to quash the order and writ of habeas corpus ad

25

testificandum.

26

Witness Suknaich declares that he has a hearing set on January 7, 2014 (and a second hearing

27

on January 29, 2014), in the Fresno County Superior Court in a civil case in which Suknaich is the

28

Plaintiff. Witness Suknaich requests to appear by telephone or videoconference in order to avoid a
1

1

potential conflict if his testimony is required on January 7, 2015. As just stated, the instant case is set

2

to proceed to trial on January 6, 2015, at 8:30 before the undersigned.
The Federal Rules of Evidence allow the trial court to exercise reasonable control over the

3
4

mode and order of examining witnesses. Fed. R. Evid. 611(a). Pursuant to Rule 611 of the Federal

5

Rules of Evidence, the Court HEREBY ORDERS that:

6

1.

Witness James Suknaich’s motion to quash is DENIED; and

7

2.

Witness James Suknaich shall testify in person at trial in the instant matter on January
6, 2015 (the date of the writ of habeas corpus ad testificandum).

8
9
10
11

IT IS SO ORDERED.

12

Dated:

13

December 16, 2014
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2