Nible v. Knowles, et al.

Filing 106

ORDER VACATING 84 Writ of Habeas Corpus Ad Testificandum for William Nible signed by Magistrate Judge Barbara A. McAuliffe on 3/23/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM NIBLE,

CASE NO. 1:06-cv-01716-BAM PC

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Plaintiff,

ORDER VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM FOR
WILLIAM NIBLE

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v.
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E. FLORES,
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Defendant.
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Plaintiff William Nible (“Plaintiff”) is a California state prisoner proceeding pro se in this
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civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendant E.
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Flores for violation of the First Amendment right to receive mail. The matter is set for jury trial
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on March 27, 2012 before the undersigned.
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On March 22, 2012, Defendants’ counsel filed a declaration, stating that Plaintiff had
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been in communication with counsel and had indicated his intent to dismiss this action with
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prejudice. Terhorst Decl. ¶ 2, Doc. 104. Based on this representation to the Court, trial is not
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necessary in this action, and Plaintiff’s presence is not required. Accordingly, it is HEREBY
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ORDERED that:
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1.

The writ of habeas corpus ad testificandum for William Nible, CDCR No.

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P45257, issued February 27, 2012, is vacated; and
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2.

The Clerk of the Court is directed to fax a copy of this order to the litigation

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coordinator where Plaintiff is incarcerated.
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IT IS SO ORDERED.
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Dated: March 23, 2012

/s/ Barbara A. McAuliffe

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U.S. MAGISTRATE JUDGE
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