Carlson v. Hansen, et al.

Filing 21

ORDER DENYING Motion Seeking Leave to Have Trial Witnesses Testify Via Declaration 20 , signed by Magistrate Judge Sheila K. Oberto on 7/3/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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THOMAS JOHN CARLSON,

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Plaintiff,

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CASE NO. 1:10-cv-00759-SKO PC
ORDER DENYING MOTION SEEKING
LEAVE TO HAVE TRIAL WITNESSES
TESTIFY VIA DECLARATION

v.
R. HANSEN, et al.,

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(Doc. 20)
Defendants.
/

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Plaintiff Thomas John Carlson, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on April 30, 2010. On June 29, 2012, Plaintiff

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filed a motion seeking leave to have his trial witnesses testify via declaration.

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This action has not yet been set for trial and Plaintiff’s second amended complaint, filed on

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May 24, 2012, is still pending screening. 28 U.S.C. § 1915A. Therefore, any trial motions are

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premature at this juncture. In addition, Plaintiff’s indigency does not provide a basis upon which

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to allow trial testimony via declaration. See 28 U.S.C. § 1915; Fed. R. Civ. P. 43(a); Fed. R. Evid.

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804.

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Based on the foregoing, Plaintiff’s motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 3, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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