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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY C. THOMAS, Case No. 1:16-cv-00524-ADA-EPG (PC) 12 13 v. 14 15 16 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 17 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 18 19 20 FOURTEEN-DAY DEADLINE 21 22 23 24 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 25 witnesses, and informed the parties that, “[a]pproximately one month before the trial the Court 26 will issue [a] writ[] of habeas corpus ad testificandum to have Mr. Hiram Summers [CDCR 27 #K61052] brought to the court to testify at the trial.” (ECF No. 154, p. 4). The trial is now set for 28 November 22, 2022, at 8:30 a.m. (ECF No. 179). Given the length of time between when the 1 1 Court granted the motion for the attendance of incarcerated witnesses and the date of the trial, and 2 that the Court was unable to locate an inmate with CDCR #K61052 on the California Department 3 of Corrections and Rehabilitation’s Inmate Locator,1 the Court will give Plaintiff’s counsel 4 fourteen days to provide updated information for Hiram Summers or to file a notice stating that a 5 writ of habeas corpus ad testificandum is not necessary to secure this witness’s attendance at the 6 trial. 7 Additionally, on May 17, 2022, Plaintiff’s counsel informed the Court that Plaintiff “has 8 been paroled.” (ECF No. 173). Given this, the Court will give Plaintiff’s counsel fourteen days 9 to notify the Court whether a writ of habeas corpus ad testificandum will be necessary to secure 10 11 12 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: 13 1. Provide updated information for Hiram Summers or a notice stating that a writ of 14 habeas corpus ad testificandum is not necessary to secure this witness’s attendance 15 at the trial; and 16 2. Notify the Court whether a writ of habeas corpus ad testificandum will be necessary to secure Plaintiff’s attendance at the trial. 17 18 19 20 IT IS SO ORDERED. Dated: September 9, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 1 28 https://inmatelocator.cdcr.ca.gov/search.aspx (last visited September 9, 2022). 2

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