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Thomas v. Kuo

United States District Court, Eastern District of California
Oct 6, 2022
1:16-cv-00524-ADA-EPG (PC) (E.D. Cal. Oct. 6, 2022)

Opinion

1:16-cv-00524-ADA-EPG (PC)

10-06-2022

JOHNNY C. THOMAS, Plaintiff, v. MARK KUO, Defendant.


ORDER RE: WRITS FOR INMATE WITNESSES (ECF NO. 181)

Plaintiff, Johnny C. Thomas, is a state prisoner (or former state prisoner) proceeding in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983.

On September 12, 2022, the Court issued an order giving Plaintiff's counsel fourteen days to “1. Provide updated information for Hiram Summers or a notice stating that a writ of habeas corpus ad testificandum is not necessary to secure this witness's attendance at the trial; and 2. Notify the Court whether a writ of habeas corpus ad testificandum will be necessary to secure Plaintiff's attendance at the trial.” (ECF No. 181, p. 2). This fourteen-day deadline has passed, and Plaintiff's counsel failed to respond to the Court's order.

Given Plaintiff's counsel's failure to respond to the Court's order, the Court will not issue a writ to secure the attendance of either Johnny Thomas or Hiram Summers at the trial, which is currently set for November 22, 2022.

Nothing in this order prevents Plaintiff or Hiram Summers from testifying voluntarily at the trial or prevents Plaintiff's counsel from issuing a subpoena to Hiram Summers.

IT IS SO ORDERED.


Summaries of

Thomas v. Kuo

United States District Court, Eastern District of California
Oct 6, 2022
1:16-cv-00524-ADA-EPG (PC) (E.D. Cal. Oct. 6, 2022)
Case details for

Thomas v. Kuo

Case Details

Full title:JOHNNY C. THOMAS, Plaintiff, v. MARK KUO, Defendant.

Court:United States District Court, Eastern District of California

Date published: Oct 6, 2022

Citations

1:16-cv-00524-ADA-EPG (PC) (E.D. Cal. Oct. 6, 2022)