Thomas v. Lewis et al

Filing 150

ORDER Directing Parties to Provide Supplemental Briefing Regarding Plaintiff's Motion for Attendance of an Incarcerated Witness by 1/10/2020 signed by Magistrate Judge Erica P. Grosjean on 12/3/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY C. THOMAS,

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Plaintiff,

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v.

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MARK KUO,

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Defendants.

Case No. 1:16-cv-00524-DAD-EPG (PC)
ORDER DIRECTING PARTIES TO
PROVIDE SUPPLEMENTAL BRIEFING
REGARDING PLAINTIFF’S MOTION
FOR ATTENDANCE OF AN
INCARCERATED WITNESS
(ECF No. 93)

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Plaintiff, Johnny C. Thomas, is a state prisoner proceeding in forma pauperis with this
civil rights action filed pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff’s Motion for
the Attendance of Incarcerated Witnesses, seeking attendance at trial of incarcerated witness
Hiram Summers, CDCR #K610052. (ECF No. 93.) Defendant has opposed the motion. (ECF
No. 95.)
At the time Plaintiff filed the motion, he was proceeding in this action pro se. Since
then, in October 2019, the Court appointed pro bono counsel to represent Plaintiff for trial.
(ECF No. 146.) Trial is currently set for May 5, 2020. (ECF No. 147.)
In light of the appointment of counsel to represent Plaintiff, and to assist the Court in
addressing the pending motion, the Court directs the parties to submit, by January 10, 2020,
supplemental briefing regarding the motion as follows:

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Plaintiff shall address in his supplemental briefing (1) whether Plaintiff still seeks

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attendance of incarcerated witness Hiram Summers, and (2) Defendant’s objection that the

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proposed testimony from the incarcerated witness is inadmissible hearsay (see ECF No. 95).

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Defendant shall address in his supplemental briefing whether arrangements can be made
to have Mr. Summers testify at trial via video conference.

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IT IS SO ORDERED.
Dated:

December 3, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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