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Green v. Burker

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 21, 2009

ERIC W. GREEN, PLAINTIFF,
v.
A. BURKER, ET AL., DEFENDANTS.

ORDER

Pursuant to the pretrial order issued herewith, the Clerk of the Court will be directed to send plaintiff a subpoena form to complete and return to the court, along with the appropriate witness fees made payable to Clyde Williams. Once the court receives the completed subpoena and witness fees for Mr. Williams, the court will add Mr. Williams' address (contained in docket no. 68) once plaintiff returns the completed subpoena form with the witness fees. Plaintiff is cautioned that failure to comply with this procedure may result in Mr. Williams not being subpoenaed for appearance at trial in this action.

In their pretrial statement, defendants set forth the names of inmate witnesses LaFlora and Ford as follows: LaFlora (T-26579) and Ford (E-41288). However, when the court contacted the inmate locator to obtain addresses to prepare the writs of habeas corpus ad testificandum, the court was informed that the CDC numbers provided by defendants did not match the names provided. Defendants will be directed to provide the court, within ten days, the full names and accurate CDC numbers for inmates T. LaFlora and Ford, along with their present custodial location, so the court may prepare and issue the necessary writs for their attendance at trial.

On March 9, 2009, plaintiff filed a request for four subpoenas. Good cause appearing, the Clerk of the Court will be directed to send plaintiff the subpoenas. Plaintiff is cautioned that he must comply with this court's April 7, 2008 order to accomplish proper service of the subpoenas.*fn1 Any other subpoenas issued for trial appearance by plaintiff must be transmitted directly from plaintiff to the U.S. Marshal as set forth in footnote 1.

IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to send plaintiff five subpoenas and a copy of the December 19, 2007 order granting plaintiff in forma pauperis status (docket no. 5);

2. Within ten days from the date of this order, defendants shall provide the court with the full names and accurate CDC numbers for inmate witnesses T. LaFlora and Ford and their present custodial locations;

3. Within twenty days, plaintiff shall plaintiff shall complete the attached Notice of Submission and submit the following documents to the court: completed subpoena form for former inmate witness Clyde Williams, along with the appropriate witness fees and order granting in forma pauperis status, so the court may insert Mr. Williams' last known address. Once the subpoena has been completed by the court, the court will forward the subpoena and witness fees to the U.S. Marshal for service on Mr. Williams.

NOTICE OF SUBMISSION

Plaintiff hereby submits the following document in compliance with the court's order filed ______________ Subpoena for Clyde Williams (so that court may insert Mr. Williams' address from docket no. 68) ______________ witness fees payable to Clyde Williams ______________ copy of order granting IFP status


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