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Irving C. Humphrey v. James A. Yates

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


January 21, 2011

IRVING C. HUMPHREY,
PLAINTIFF,
v.
JAMES A. YATES, DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DENYING MOTION FOR SUBPOENAS (Doc. 48)

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On January 14, 2011, Plaintiff filed a motion requesting subpoenas for various incarcerated and non-incarcerated witnesses whom Plaintiff wishes to testify at trial. Nevertheless, discovery in this matter has only recently closed and the window for dispositive motions still remains open, and will so, until February 28, 2011. (Doc. 23.) No trial date has been set. Plaintiff's request for subpoenas is therefore premature. The Court will advise Plaintiff of the procedures for obtaining the attendance of witnesses at trial when that time draws nearer. Until then, Plaintiff's motion for subpoenas is HEREBY DENIED AS PREMATURE.

IT IS SO ORDERED.

20110121

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