Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Payne v. Martin

United States District Court, E.D. California

February 25, 2015

LEE'THIEL PAYNE, Plaintiff,
v.
J. MARTIN, et al., Defendants.

ORDER

EDMUND F. BRENNAN, Magistrate Judge.

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. ยง 1983. Currently pending before the court are plaintiff's motions for a settlement conference (ECF No. 76) and for the issuance of subpoenas to two proposed trial witnesses (ECF No. 83) and defendant's motion to strike plaintiff's objections to defendant's pretrial statement (ECF No. 88).

I. Plaintiff's Motion for Settlement Conference

Defendant opposes plaintiff's motion for a settlement conference. ECF No. 81. Defendant informs the court that he does not believe a settlement conference would be productive, and declines to accept plaintiff's settlement offer or plaintiff's request for a counter-offer. In light of the apparent futility of a settlement conference, plaintiff's motion will be denied.

II. Plaintiff's "Motion for Subpoena"

Plaintiff asks the court to have the U.S. Marshal serve subpoenas on two individuals to ensure their appearance at trial. ECF No. 83. The motion indicates that both individuals were incarcerated at one point, but the California Department of Corrections and Rehabilitation's inmate locator website indicates that one - identified by plaintiff as C. Smith, #T76356 - is no longer incarcerated (or possibly plaintiff has provided an incorrect inmate number for this individual). The other witness - Nelson, #K39042 - is incarcerated at California State Prison, Sacramento. CDCR Inmate Locator, http://inmatelocator.cdcr.ca.gov/ (searched February 24, 2015). Plaintiff's single-page motion fails to comply with this court's prior order instructing plaintiff on the proper procedure for ensuring the attendance at trial of his witnesses. The court will reiterate those requirements:

I. Obtaining Attendance of an Incarcerated Witness Who Intends to Testify Voluntarily
A witness who is willing to testify without the compulsion of a subpoena, but who is imprisoned or incarcerated, cannot appear to testify without a court order directing the custodian to produce him at the time of trial. The court will issue such an order only upon a showing that the witness has agreed to testify voluntarily and has actual knowledge of relevant facts. Therefore, a party intending to introduce testimony from such a witness must file with his pretrial statement a motion for an order directing the witness's custodian to produce the witness for trial. The motion must:
1. Identify the witness by name, California Department of Corrections and Rehabilitation number, and address;
2. Include affidavits showing that the witness intends to testify voluntarily. This intention can be shown as follows:
a. The party can swear by affidavit that the witness has communicated to him an intention to testify voluntarily. The affidavit must include a statement of when and where the prospective witness informed the party of this willingness; or
b. The witness can swear by affidavit that he is willing to testify without the compulsion of subpoena.
3. Include affidavits showing each witness has actual knowledge of relevant facts. The witness's knowledge can be shown as follows:
a. The party can swear that he knows the witness saw or heard relevant facts. For example, if something occurred in plaintiff's cell and plaintiff saw that a cell-mate was present and observed the incident, then ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.