Thomas v. Lewis et al

Filing 181

ORDER REQUIRING Plaintiff's Counsel to Provide Updated Information for Witness Hiram Summers or to Notify the Court that a Writ of Habeas Corpus Ad Testificandum is not Necessary to Secure this Witness's Attendance at Trial; ORDER REQUIRING Defense Counsel to Notify Court whether a Writ of Habeas Corpus Ad Testificandum will be Necessary to Secure Plaintiff's Attendance at Trial signed by Magistrate Judge Erica P. Grosjean on 9/9/2022. Fourteen Day Deadline. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY C. THOMAS,

Case No. 1:16-cv-00524-ADA-EPG (PC)

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v.
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MARK KUO,

Plaintiff, ORDER REQUIRING PLAINTIFF’S
COUNSEL TO PROVIDE UPDATED
INFORMATION FOR WITNESS HIRAM
SUMMERS OR TO NOTIFY THE COURT
THAT A WRIT OF HABEAS CORPUS AD
TESTIFICANDUM IS NOT NECESSARY
TO SECURE THIS WITNESS’S
Defendant. ATTENDANCE AT TRIAL

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ORDER REQUIRING DEFENSE COUNSEL
TO NOTIFY COURT WHETHER A WRIT
OF HABEAS CORPUS AD
TESTIFICANDUM WILL BE NECESSARY
TO SECURE PLAINTIFF’S ATTENDANCE
AT TRIAL

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FOURTEEN-DAY DEADLINE
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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.
On January 31, 2020, the Court granted Plaintiff’s motion for the attendance of incarcerated

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witnesses, and informed the parties that, “[a]pproximately one month before the trial the Court

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will issue [a] writ[] of habeas corpus ad testificandum to have Mr. Hiram Summers [CDCR

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#K61052] brought to the court to testify at the trial.” (ECF No. 154, p. 4). The trial is now set for

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November 22, 2022, at 8:30 a.m. (ECF No. 179). Given the length of time between when the
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Court granted the motion for the attendance of incarcerated witnesses and the date of the trial, and

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that the Court was unable to locate an inmate with CDCR #K61052 on the California Department

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of Corrections and Rehabilitation’s Inmate Locator,1 the Court will give Plaintiff’s counsel

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fourteen days to provide updated information for Hiram Summers or to file a notice stating that a

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writ of habeas corpus ad testificandum is not necessary to secure this witness’s attendance at the

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trial.

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Additionally, on May 17, 2022, Plaintiff’s counsel informed the Court that Plaintiff “has

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been paroled.” (ECF No. 173). Given this, the Court will give Plaintiff’s counsel fourteen days

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to notify the Court whether a writ of habeas corpus ad testificandum will be necessary to secure

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Plaintiff’s attendance at the trial.
Accordingly, IT IS ORDERED that Plaintiff’s counsel has fourteen days from the date of
service of this order to:

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1. Provide updated information for Hiram Summers or a notice stating that a writ of

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habeas corpus ad testificandum is not necessary to secure this witness’s attendance

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at the trial; and

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2. Notify the Court whether a writ of habeas corpus ad testificandum will be
necessary to secure Plaintiff’s attendance at the trial.

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IT IS SO ORDERED.
Dated:

September 9, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

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https://inmatelocator.cdcr.ca.gov/search.aspx (last visited September 9, 2022).
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