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Drake v. White

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


July 6, 2010

DEAN DRAKE, PLAINTIFF,
v.
MIKE WHITE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

On May 27, 2010, the undersigned issued a pretrial order. On June 15, 2010, plaintiff filed objections. In the pretrial order plaintiff was precluded from calling an inmate witness because plaintiff had failed to follow the proper procedures in obtaining an inmate witness at trial. Plaintiff again requests the inmate witness and now, for the first time, requests a non-incarcerated witness. Plaintiff has again failed to follow the procedures for obtaining witnesses to testify at trial. Simply requesting to the undersigned that witnesses testify is insufficient. The court has repeatedly outlined the proper procedures, but plaintiff has failed to follow them. These witnesses will not be permitted to testify at trial.*fn1

Accordingly, IT IS HEREBY ORDERED that

1. Plaintiff's June 15, 2010, objections will be disregarded for the reasons stated above;

2. Plaintiff's June 15, 2010, motion to obtain witness (Doc. 95) is denied.


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