Garraway v. Ciufo et al

Filing 74

ORDER STRIKING Plaintiff's 73 Request for Witnesses and Witness List signed by Magistrate Judge Gary S. Austin on 5/15/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL GARRAWAY,

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Plaintiff,

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vs.

1:17-cv-00533-DAD-GSA-PC
ORDER STRIKING PLAINTIFF’S
REQUEST FOR WITNESSES AND
WITNESS LIST
(ECF No. 73.)

JACQUILINE CIUFO, et al.,

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Defendants.

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Plaintiff is a federal prisoner proceeding pro se in this civil rights action pursuant to

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Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). This case now proceeds with Plaintiff’s

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original Complaint filed on April 17, 2017, against defendants Jacqueline Ciufo (Unit Manager),

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K. Miller (Corrections Officer), and Lieutenant J. Zaragoza (collectively, “Defendants”), for

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failure to protect Plaintiff in violation of the Eighth Amendment. (ECF No. 1.)

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On May 13, 2019, Plaintiff filed a request for witnesses and submitted a list of twenty-

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nine witnesses for trial. (ECF No. 73.) Plaintiff requests the court to make these witnesses

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available for trial and to issue writs of habeas corpus ad testificandum to transport them to trial.

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Plaintiff’s request and witness list are premature and shall be stricken from the record.1

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Trial has not been scheduled for this case. At a later stage of the proceedings, the court shall

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A document which is “stricken” will not be considered by the Court for any purpose. (Informational Order, ECF
No. 3 at 2:7-8.)
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issue an order scheduling the trial and instructing Plaintiff about the procedures for requesting

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the attendance of witnesses at trial. Until then, Plaintiff should not send any witness lists, exhibit

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lists, or trial exhibits to the court.

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Plaintiff is reminded that on April 1, 2019, the court issued an order staying discovery in

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this case except for discovery related to whether Plaintiff’s Bivens claims are barred under

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Ziglar v. Abassi, 137 S. Ct. 1843 (2017). (ECF No. 65) (emphasis added). The parties may

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only conduct discovery for this limited purpose until the court lifts the stay.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request for witnesses
and list of witnesses for trial, filed on May 13, 2019, is STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

May 15, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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