Opinion
No. CIV S-10-0544 KJM DAD P.
February 8, 2011
ORDER
Plaintiff is a state prisoner proceeding pro se with this civil rights action. On December 27, 2010, plaintiff filed a motion for a court order to obtain the attendance of an incarcerated witness. At this time, plaintiff's motion is premature. On January 3, 2011, defendant Bakewell filed a motion for summary judgment. After the court rules on defendant's motion, if necessary the parties will be required to file pretrial statements. At that time, plaintiff may submit a motion making a particularized showing to obtain the attendance of any incarcerated witnesses at trial.
Accordingly, IT IS HEREBY ORDERED that plaintiff' December 27, 2010 motion for a court order to obtain the attendance of an incarcerated witness (Doc. No. 27) is denied as premature.
DATED: February 8, 2011.