Masterson v. Killen et al

Filing 136

ORDER DENYING Plaintiff's 134 Motion for Issuance of an Order and Writ of Habeas Corpus Ad Testificandum for an Inmate Witness and a Subpoena for an Officer Witness, signed by Magistrate Judge Stanley A. Boone on 02/13/2017. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL MASTERSON,

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Plaintiff,

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v.

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S. KILLEN, et al.,

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Defendants.

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No. 1:11-cv-01179-DAD-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
REQUESTING ISSUANCE OF AN ORDER
AND WRIT OF HABEAS CORPUS AD
TESTIFICANDUM FOR AN INMATE
WITNESS, AND A SUBPOENA FOR AN
OFFICER WITNESS
(ECF No. 134)

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Plaintiff Daniel Masterson is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This matter is currently set for an evidentiary hearing on February 15,

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2017 at 10:30 a.m. regarding the parties’ cross-motions for sanctions.

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On February 10, 2017, Plaintiff filed the instant motion requesting issuance of an order and

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writ of habeas corpus ad testificandum for the presence of a prisoner witness, and subpoena for the

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presence of a correctional officer as a witness, at the upcoming hearing. (ECF No. 134.) The matters at

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issue in the hearing include whether two declarations submitted by Plaintiff were or were not signed

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by inmate Jaymes McCollum. Plaintiff seeks to have inmate John Erentereich and Officer D. Espinoza

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brought as witnesses to testify that inmate McCollum’s declarations were in fact signed by McCollum.
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Plaintiff’s requests are denied. Inmate McCollum himself was ordered to be transported for the

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upcoming hearing, and will testify regarding his declarations at issue. The Court does not find it

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necessary require the presence of these additional, extrinsic witnesses.
Accordingly, it is HEREBY ORDERED that Plaintiff’s motion requesting issuance of an order

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and writ of habeas corpus ad testificandum, and subpoena, filed February 10, 2017 (ECF No. 134), is

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DENIED.

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IT IS SO ORDERED.
Dated:

February 13, 2017
UNITED STATES MAGISTRATE JUDGE

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