Mitchell v. DaViga, et al.

Filing 105

ORDER TERMINATING 94 95 Requests for Attendance of Incarcerated Inmates as Unwilling Witnesses at Trial, signed by District Judge Dale A. Drozd on 5/10/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY MITCHELL,

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No. 1:13-cv-01324-DAD-EPG

Plaintiff,
v.
CHAVEZ; SGT. SHELDON,

ORDER TERMINATING REQUESTS FOR
ATTENDANCE OF INCARCERATED
INMATES AS UNWILLING WITNESSES AT
TRIAL

Defendants.
(Doc. Nos. 94, 95)

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On April 1, 2017, plaintiff filed requests for attendance of incarcerated inmates Alfred

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Baylor and Cleave McCloud as unwilling witnesses at the trial of this action. (Doc. Nos. 94 and

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95.) At the telephonic trial confirmation hearing held on March 17, 2017, the court denied

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plaintiff’s request for attendance of incarcerated inmate Cleave McCloud without prejudice.

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(Doc. No. 100.) The court deferred on ruling on plaintiff’s request for attendance of incarcerated

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inmate Alfred Baylor, because, as discussed at the trial confirmation hearing, the request would

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be rendered moot if photographs of Baylor’s gang affiliated tattoos were produced and deemed to

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be adequate by plaintiff’s counsel for use at trial. (Doc. No. 104 at 17.) Plaintiff had previously

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subpoenaed Mule Creek State Prison for photographs of Baylor’s gang affiliated tattoos. (Doc.

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No. 104 at 16.) On May 9, 2017, plaintiff’s attorney, Justin Thomas, notified the court that the

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photos produced pursuant to the subpoena had rendered Baylor’s attendance at trial unnecessary.
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Accordingly,

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1) The court’s denial of plaintiff’s request for attendance of incarcerated inmate Cleave

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McCloud as an unwilling witness at trial (Doc. No. 95) is confirmed and that request is

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and has been denied; and

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2) Plaintiff’s request for attendance of incarcerated inmate Alfred Baylor as an unwilling

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witness at trial (Doc. No. 94) is denied as having been rendered moot.
IT IS SO ORDERED.
Dated:

May 10, 2017
UNITED STATES DISTRICT JUDGE

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