Thomas v. Lewis et al

Filing 183

ORDER RE: WRITS FOR INMATE WITNESSES, signed by Magistrate Judge Erica P. Grosjean on 10/6/2022.(Martin-Gill, 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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Plaintiff, ORDER RE: WRITS FOR INMATE
WITNESSES

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v.
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(ECF No. 181)
MARK KUO,
Defendant.

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Plaintiff, Johnny C. Thomas, is a state prisoner (or former state prisoner) proceeding in
forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983.
On September 12, 2022, the Court issued an order giving Plaintiff’s counsel fourteen days
to “1. Provide updated information for Hiram Summers or a notice stating that a writ of habeas
corpus ad testificandum is not necessary to secure this witness’s attendance at the trial; and 2.
Notify the Court whether a writ of habeas corpus ad testificandum will be necessary to secure
Plaintiff’s attendance at the trial.” (ECF No. 181, p. 2). This fourteen-day deadline has passed,
and Plaintiff’s counsel failed to respond to the Court’s order.
Given Plaintiff’s counsel’s failure to respond to the Court’s order, the Court will not issue a
writ to secure the attendance of either Johnny Thomas or Hiram Summers at the trial, which is

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currently set for November 22, 2022.1
IT IS SO ORDERED.
Dated:

October 6, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

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Nothing in this order prevents Plaintiff or Hiram Summers from testifying voluntarily at the trial or
prevents Plaintiff’s counsel from issuing a subpoena to Hiram Summers.
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