Randolph v. Nix et al

Filing 118

ORDER Requiring Plaintiff to Reply to Defendant's Response to Motion for the Attendance of Incarcerated Witness by 5/31/2016 signed by Magistrate Judge Michael J. Seng on 5/25/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLIN M. RANDOLPH,
Plaintiff,

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Case No. 1:12-cv-00392-LJO-MJS (PC)

v.
B. NIX, et al.,
Defendants.

ORDER REQUIRING PLAINTIFF TO
REPLY TO DEFENDANT’S RESPONSE
TO MOTION FOR THE ATTENDANCE OF
INCARCERATED WITNESS
(ECF No. 116)

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Plaintiff is a state prisoner represented by court appointed counsel, and is
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proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. The action proceeds
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against Defendant Akanno on Plaintiff’s Eighth Amendment medical indifference claim

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and is set for trial on August 23, 2016.
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On April 26, 2016, Plaintiff filed a motion to secure the attendance of inmate
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witness Dupriest Green at trial. On May 25, 2016, Defendant responded with a
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statement of no objection to Green’s testimony, but requested that Green testify through

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video conference on safety and security grounds.
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The Court’s scheduling order did not provide for Plaintiff to file a reply regarding

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motions for the attendance of incarcerated witnesses. However, a reply on this issue will
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be helpful. Accordingly, Plaintiff is HEREBY ORDERED to file a reply to Defendant’s
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response on or before May 31, 2016, setting forth therein objections, if any he has, to

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the presentation of Green’s testimony through video conference.

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IT IS SO ORDERED.
Dated:

May 25, 2016

/s/

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UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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