Greene v. CDC et al

Filing 77

ORDER signed by Magistrate Judge John F. Moulds on 02/05/09 ordering that plaintiff's 12/23/08 request 73 is denied without prejudice. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights complaint pursuant to 42 U.S.C. § 1983. On December 23, 2008, plaintiff filed a request for the court to issue writs requiring the California Department of Corrections to bring certain incarcerated witnesses to testify at trial herein. However, plaintiff has failed to file a motion for the attendance of these witnesses as required by the court's prior scheduling order. (March 17, 2008 Scheduling Order at 2-4.) Plaintiff has not advised the court whether these incarcerated witnesses have agreed to testify voluntarily, nor has plaintiff provided an affidavit demonstrating that each witness had testimony to give. If plaintiff cannot provide the witness' own affidavit as to his or her testimony, plaintiff must provide specific information that the witness has personal knowledge about what the incident was, when and where it occurred, who was present, and how 1 vs. C.D.C., et al., ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARVELLOUS A.X. GREENE, Plaintiff, No. 2:05-cv-0330 GEB JFM (PC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

the prospective witness happened to be in a position to see or to hear what occurred at the time it occurred. (Id.) By separate order, the court has vacated pretrial dates and the trial date until the pending motion for summary judgment has been decided. Accordingly, plaintiff's request will be denied without prejudice to its renewal with the filing of his pretrial statement. Once the court has ruled on the motion for summary judgment, if appropriate, plaintiff will be advised of the new deadline by which he must file his pretrial statement. Plaintiff should not file his pretrial statement or motion for witnesses until after the motion for summary judgment is resolved. Accordingly, IT IS HEREBY ORDERED that plaintiff's December 23, 2008 request (#73) is denied without prejudice. DATED: February 5, 2009.

001; gree0330.wit

2