McDaniel v. Hubbard et al

Filing 102

ORDER signed by Magistrate Judge John F. Moulds on 1/25/12: Undersigned will not order the attendance of Calloway, Coderre and Shundray Alston as incarcerated witnesses at the January 30, 2012 trial. (Kaminski, H)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 CLIFTON JEROME MCDANIEL, 8 9 10 Plaintiff, No. CIV S-07-1189 JAM JFM (PC) vs. S. HUBBARD, et al., 11 Defendants. 12 ORDER / 13 In his May 17, 2011 amended pretrial statement, plaintiff identified three inmate 14 witnesses whom he intended to call at the January 30, 2012 trial before the Honorable John A. 15 Mendez: Inmates Calloway, Coderre and Shundray Alston. By order dated March 28, 2011, 16 plaintiff was informed of the proper procedure by which to obtain the attendance of incarcerated 17 witnesses. Plaintiff has not followed those procedures. Specifically, he has not shown that the 18 prospective witnesses are willing to attend and/or have actual knowledge of relevant facts. Accordingly, these undersigned will not order the attendance of these incarcerated 19 20 witnesses. 21 DATED: January 25, 2012. 22 23 24 25 014;mcda1189.jo(2) 26 1

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