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Holcomb v. High Desert State Prison

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


April 1, 2010

JOHN DURRELL HOLCOMB, PLAINTIFF,
v.
HIGH DESERT STATE PRISON, ET AL., DEFENDANTS.

ORDER

Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. This matter is scheduled for evidentiary hearing on April 14, 2010. Plaintiff requests that the court issue a subpoena for Brian Chavez-Ochoa to appear at the hearing. The issuance of a subpoena is unnecessary as, by submitting Mr. Chavez-Ochoa's affidavit, defendants have indicated that Mr. Chavez Ochoa will be present at the hearing. See January 7, 2010 Order ¶ 7. Plaintiff will be allowed to cross examine Mr. Chavez-Ochoa at the hearing with respect to the information provided in Mr. Chavez-Ochoa's March 10, 2010 affidavit.

Accordingly, IT IS HEREBY ORDERED that plaintiff's "motion of request to subpoena whom named..." (#175) is denied.

20100401

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