Carr v. California Department of Corrections & Rehabilitation et al

Filing 58

ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2010 ORDERING that the court seeks the testimony of inmate Robert Gallegos, #P-18916; the clerk to send a copy of this order to Robert Gallegos at SQP; the clerk to also provide inmate Gallegos w/ a postage paid envelope addressed to the court; w/in 30 days, inmate Gallegos to complete and return in the postage paid, self addressed envelope provided, the Notice Re Potential Witness. (Yin, K)

(PC) Carr v. California Department of Corrections & Rehabilitation et al

Doc. 58

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 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel and in forma pauperis with a civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff has identified an inmate who witnessed the March 10, 2008 incident at issue herein. (Dkt. No. 51.) Plaintiff has been unable to correspond with him and thus has not yet determined whether he will testify voluntarily or involuntarily. Correspondence between plaintiff and this inmate will not provide the verified information plaintiff requires to comply with the court's February 24, 2010 scheduling order. Good cause appearing, the court will seek the testimony of inmate Robert Gallegos, #P-18916, an incarcerated inmates who allegedly has actual knowledge of facts relevant in the instant action. Because plaintiff is unable to determine whether this witness will testify voluntarily or involuntarily, the court will direct inmate Gallegos to inform the court as to 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ARTHUR CARR, Plaintiff, vs. No. 2:09-cv-0826 GEB KJN P

ORDER

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whether he has eye- or ear-witness testimony to offer during the jury trial, and whether he will testify voluntarily or refuse to testify voluntarily. Accordingly, IT IS HEREBY ORDERED that: 1. The court seeks the testimony of inmate Robert Gallegos, #P-18916, an incarcerated inmate, and will direct his responses as set forth below. 2. The Clerk of the Court is directed to send a copy of this order to Robert Gallegos, #P-18916, Location--San Quentin State Prison, San Quentin, CA 94964. 3. The Clerk of the Court shall provide inmate Gallegos with a postage-paid envelope addressed to the court. 4. Within thirty days from the date of this order, inmate Robert Gallegos shall complete and return, in the postage-paid, self-addressed envelope provided, the attached notice re potential witness. DATED: July 7, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
carr0826.affb

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1 2 3 4 5 6 7 8 9 10 vs. 11 12 13 14 15 16 17 18 19 _____ 20 _____ 21 22 23 24 DATED: 25 26 Witness (sign, print name & address) _____ I do not remember any events on or about March 10, 2008, and have no pertinent testimony to offer. I refuse to testify voluntarily. I am willing to testify voluntarily on behalf of plaintiff Carr. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. ________________________________/ Plaintiff sustained an injury on March 10, 2008, at California State Prison-Solano. Potential witness __________________ responds to this court's July, 2010 order as follows (please check all that apply): _____ I have eye- or ear-witness testimony to offer during the jury trial concerning the events on or about March 10, 2008, at CSP-Solano. NOTICE RE POTENTIAL WITNESS ARTHUR CARR, Plaintiff, No. 2:09-cv-0826 GEB KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

I declare under penalty of perjury that the above and foregoing is true and correct.