Thomas v. Robles et al

Filing 87

ORDER Directing Clerk of Court to Serve 86 Letter From Rudolph Medina on Plaintiff; ORDER Requiring Plaintiff to Inform the Court Whether to transport Rudolph Medina for Trial, signed by Magistrate Judge Barbara A. McAuliffe on 11/30/11. Five-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LARRY D. THOMAS, 10 Plaintiff, 11 12 v. HECTOR ROBLES, et al., 13 Defendants. 14 15 CASE NO. 1:09-cv-00443-LJO-BAM PC ORDER DIRECTING CLERK OF COURT TO SERVE LETTER FROM RUDOLPH MEDINA ON PLAINTIFF (ECF No. ) ORDER REQUIRING PLAINTIFF TO INFORM THE COURT WHETHER TO TRANSPORT RUDOLPH MEDINA FOR TRIAL / FIVE-DAY DEADLINE 16 17 Plaintiff Larry D. Thomas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is confirmed for trial 19 on December 13, 2011, at 8:30 a.m. before the Honorable Lawrence J. O’Neill. On November 11, 20 2011, an order and writ of habeas corpus ad testificandum issued to transport witness Rudolph 21 Medina for trial. On November 28, 2011, the Court received a letter from inmate Medina stating that 22 he refuses to testify in this matter. Since Plaintiff requested the attendance of inmate Medina he shall 23 notify the Court if he wants inmate Medina to appear for trial given that he has indicated he will 24 refuse to testify. 25 Accordingly it is HEREBY ORDERED that: 26 1. 27 28 The Clerk of the Court shall serve a copy of the letter filed November 28, 2011, on Plaintiff; and /// 1 1 2. 2 3 4 Within five days from the date of service of this order, Plaintiff shall inform the Court if he wants inmate Medina transported to testify on his behalf at trial. IT IS SO ORDERED. Dated: cm411 November 30, 2011 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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