Quiroz v. California Department of Corrections and Rehabilitation, et al

Filing 86

ORDER signed by Magistrate Judge Dennis L. Beck on 8/3/2011 regarding 68 , 70 Motions. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARLOS QUIROZ,

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CASE NO. 1:06-CV-01426-OWW-DLB PC
Plaintiff,

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ORDER REGARDING PLAINTIFF’S
MOTIONS

v.
(DOCS. 68, 70)

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,

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Defendants.

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/

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Plaintiff Carlos Quiroz (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”), proceeding pursuant to 42 U.S.C. §

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1983.1 This action is proceeding on Plaintiff’s claims against Defendants Attygalla and Shen for

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violation of the Eighth Amendment. Pending before the Court are 1) Plaintiff’s motion for writ

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of habeas corpus ad testificandum, filed January 14, 2011, and 2) Plaintiff’s motion regarding

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money orders, filed January 14, 2011.

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Plaintiff moves the Court for a writ of habeas corpus ad testificandum for himself to

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testify during trial. Doc. 68. Plaintiff’s trial is currently set for March 6, 2012. Plaintiff’s

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motion is thus premature. Accordingly, it is HEREBY ORDERED denied.

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Plaintiff also moves the Court for a return of money orders for unincarcerated witnesses

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Plaintiff proceeded pro se in this action until he was appointed counsel on March 30,

2011.
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to testify at trial. Doc. 70. This motion did not arrive in a timely manner, as the United States

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Marshal was directed to serve the subpoenas and accompanying money orders on January 13,

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2011. Doc. 65, 66. Accordingly, Plaintiff’s motion is HEREBY ORDERED denied as moot.

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IT IS SO ORDERED.
Dated:

August 3, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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