Chatman v. Felker, et al

Filing 159

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/16/12 ordering Motion for writs of habeas corpus ad testificandum 154 is moot. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES JAMES CHATMAN

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Plaintiff,

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No. CIV S-03-2415 JAM CKD P

vs.

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T. FELKER, et al.
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Defendant.
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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action under 42

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U.S.C. § 1983. He has moved the court to issue writs of habeas corpus ad testificandum ordering

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prison officials to produce him and three other prisoners, whom he will present as witnesses, at

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the trial of this matter. Trial is set to commence May 7, 2012.

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The court’s custom is to issue the appropriate writs for incarcerated litigants and

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witnesses sua sponte. The court will follow that custom in procuring plaintiff’s attendance at

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trial. As for the proposed witnesses, the court will determine whether they are necessary for trial

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and will make that determination known in its pre-trial order. If the court finds that they are

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necessary witnesses, the court will issue writs for their attendance at trial as well. For now,

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though, the plaintiff’s motion must be denied as moot.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for writs of
habeas corpus ad testificandum (Docket No. 154) is moot.

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Dated: February 16, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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chat2415.ord

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