Lewis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNNY C. THOMAS, No. 1:16-cv-00524-ADA-EPG (PC) Plaintiff, ORDER DENYING PLAINTIFF’S

APPLICATION FOR A WRIT OF HABEAS

v. CORPUS AD TESTIFICANDUM MARK KUO, (ECF No. 198) Defendant. 16 On March 29, 2023, Plaintiff filed an application for a writ of habeas corpus ad testificandum, seeking to secure the attendance of Hiram Summers as a Plaintiff witness at trial. (ECF No. 198.) According to the application, Mr. Summers is “a necessary and material witness” in the trial. (Id. at 1.) Trial is set to begin on April 11, 2023. (See ECF No. 190.) I. LEGAL STANDARD The following factors generally govern the determination of whether to issue a writ of habeas corpus ad testificandum directing the production of an inmate witness for trial: (1) whether the prisoner’s presence will substantially further the resolution of the case; (2) security risks presented by the prisoner’s…