Wiseman v. Doe et al

Filing 31

ORDER Denying Plaintiff's Premature Petition for Writ of Habeas Corpus Ad Testificandum as Premature re 29 , signed by Magistrate Judge Jennifer L. Thurston on 10/9/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,

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Plaintiff,

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v.

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GONZALEZ, et al.,

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Case No. 1:17-cv-01166-AWI-JLT (PC)
ORDER DENYING PLAINTIFF’S
PREMATURE PETITION FOR WRIT OF
HABEAS CORPUS AD TESTIFICANDUM
(Doc. 29)

Defendants.

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Plaintiff filed a petition requesting that an inmate witness be required to appear before the

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Court to corroborate the allegations he has made in this action. (Doc. 29.) However, there is

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nothing currently pending before the Court for which any testimony is required. The order which

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opened discovery recently issued in this action, (see Doc. 27), and the parties should be engaging

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in discovery thereunder. Witnesses will be compelled to appear upon a showing of knowledge of

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the events at issue in this action if/when an event occurs that requires testimony.1

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In the most cases, witnesses are not necessary until trial. If/when trial is scheduled, the Court will provide the
plaintiff the requirements and instructions for seeking the attendance of witnesses for trial.

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Accordingly, the Court ORDERS that Plaintiff’s petition for writ of habeas corpus ad
testificandum, filed October 3, 2018 (Doc. 29), is DENIED as premature.

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IT IS SO ORDERED.
Dated:

October 9, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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