Myles v. Sullivan, et al

Filing 66

ORDER GRANTING 63 Motion for Miscellaneous Relief; ORDER QUASHING the 62 Writ of Habeas Corpus Ad Testificandum; ORDER for Clerk of Court to Send a Copy of this Order to Magistrate Judge Nandor Vadas; ORDER for Defendant to send a Copy of this Or der to the Warden of the Chuckawalla Valley State Prison; ORDERED that Plaintiff is Reminded that nothing about his Parole or, in the event it occurs, his deporation, relieves him of any of his obligations to prosecute this case; ORDERED that Defendant's Unopposed 57 Motion for Leave to File as Unenumerated 12(b) motion is GRANTED; Defendant shall File his Unenumerated 12(b) Motion by July 20, 2009 signed by District Judge James A Teilborg on 7/9/2009. (Sant Agata, S)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 below. IT IS FURTHER ORDERED quashing the writ of habeas corpus ad testificandum (Doc. #62). IT IS FURTHER ORDERED vacating the referral to the pro se mediation program (Doc. #46). IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order to Magistrate Judge Nandor Vadas. IT IS FURTHER ORDERED that Defendant shall send a copy of this Order to the Warden of the Chuckawalla Valley State Prison. vs. J. Busby, Defendant. Reynaldo Myles, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. 1:04-CV-5329-JAT ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (Fresno Division)

The Court having been advised that Plaintiff will be paroled into the custody of U.S. Immigration and Customs Enforcement on July 16, 2009, IT IS ORDERED granting the Motion for Miscellaneous Relief (Doc. #63) as stated

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IT IS FURTHER ORDERED that Plaintiff is reminded that nothing about his parole or, in the event it occurs, his deportation, relieves him of any of his obligations to prosecute this case. See generally Fed.R.Civ.Pro. 41(b). And specifically, Plaintiff is required to keep a current address on file with the Court and to timely respond to all pending motions. The Court will deem Plaintiff's failure to oppose a motion to be consent to the motion being granted. IT IS FURTHER ORDERED that Defendant's unopposed1 Motion for Leave to File an Unenumerated 12(b) motion (Doc. #57) is granted; Defendant shall file his unenumerated 12(b) motion by July 20, 2009. DATED this 9th day of July, 2009.

In the Order of June 24, 2009, Plaintiff was advised that he had to oppose this late filing by July 6, 2009 and he did not file any opposition. -2-

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