Valencia v. Kokor

Filing 122

ORDER DENYING Without Prejudice 120 Plaintiff's Motion for the Attendance of Incarcerated Witnesses signed by Magistrate Judge Michael J. Seng on 10/16/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL G. VALENCIA,

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Plaintiff,
v.

Case No. 1:13-cv-01391-LJO-MJS (PC)
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION FOR THE
ATTENDANCE OF INCARCERATED
WITNESSES

WINFRED KOKOR, M.D., et al.,
(ECF NO. 120)
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s

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fourth amendment complaint against Defendant Kokor and Sunduram for violations of

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Plaintiff’s Eighth Amendment right to adequate medical care.

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On May 15, 2017, the Court issued a trial scheduling order, setting trial for

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February 5, 2019. (ECF No. 119.) Therein, the Court also set a deadline of October 18,

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2018 for motions for the attendance of incarcerated witnesses. On September 18, 2017,

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Plaintiff filed such a motion.

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Plaintiff’s motion is premature. The matter is in its initial stages. Motions for

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summary judgment have not been filed or ruled upon. Until such motions, if any, have

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been resolved, the Court cannot know the final scope of issues to be presented at trial

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and whether the witnesses in question will be able to present testimony relevant to those

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issues.

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Accordingly, Plaintiff’s motion is HEREBY DENIED without prejudice to his refiling

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same after resolution of any motions for summary judgment or, if no such motions are

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filed, after the deadline for such filings has passed.

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IT IS SO ORDERED.
Dated:

October 16, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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