From Casetext: Smarter Legal Research

Villareal v. Cnty. of Fresno

United States District Court, Eastern District of California
Oct 3, 2022
1:15-cv-01410-ADA-EPG (PC) (E.D. Cal. Oct. 3, 2022)

Opinion

1:15-cv-01410-ADA-EPG (PC)

10-03-2022

ELAINE K. VILLAREAL, Plaintiff, v. COUNTY OF FRESNO, Defendant.


ORDER RE: PLAINTIFF'S COUNSEL'S RESPONSE TO ORDER

(ECF No. 251)

On September 29, 2022, the Court directed Plaintiff's counsel to file a notice informing the Court whether a writ of habeas corpus ad testificandum is necessary to secure Plaintiff's attendance at the trial. (ECF No. 250). On September 30, 2022, Plaintiff's counsel filed his response. (ECF No. 251).

The Court appreciates Plaintiff's counsel's prompt response.

In the response, Plaintiff's counsel states that he does not believe that Plaintiff's is in custody at this time, and thus a writ of habeas corpus ad testificandum is not necessary.

He also notes that this is subject to change. Finally, Plaintiff's counsel states that “there may be other witness[es] for whom a writ will be necessary.” (Id. at 1).

As it appears that Plaintiff is not in custody at this time, the Court will not issue a writ of habeas corpus ad testificandum to secure Plaintiff's attendance at trial.

Additionally, the Court will not issue a writ to secure any other inmates' attendance at trial. Plaintiff's counsel does not identify any other inmate witnesses for which a writ is necessary. Moreover, the deadline to file motions for attendance of incarcerated witnesses has long since passed. (See ECF No. 223).

IT IS SO ORDERED.


Summaries of

Villareal v. Cnty. of Fresno

United States District Court, Eastern District of California
Oct 3, 2022
1:15-cv-01410-ADA-EPG (PC) (E.D. Cal. Oct. 3, 2022)
Case details for

Villareal v. Cnty. of Fresno

Case Details

Full title:ELAINE K. VILLAREAL, Plaintiff, v. COUNTY OF FRESNO, Defendant.

Court:United States District Court, Eastern District of California

Date published: Oct 3, 2022

Citations

1:15-cv-01410-ADA-EPG (PC) (E.D. Cal. Oct. 3, 2022)