Price v. Cunningham et al

Filing 105

ORDER GRANTING Plaintiff's Request to Modify Order & Writ of Habeas Corpus 103 , signed by Magistrate Judge Barbara A. McAuliffe on 10/22/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRED PRICE,

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Case No. 1:08-cv-00425-AWI-BAM PC
Plaintiff,

vs.
S.R. CUNNINGHAM, et al.,

ORDER GRANTING PLAINTIFF’S
REQUEST TO MODIFY ORDER & WRIT
OF HABEAS CORPUS
(ECF No. 103)

Defendants.

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.

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§ 1983. This case has been selected by the court for inclusion in the Prisoner Settlement

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Program, and a settlement conference is scheduled before Magistrate Judge Kendall J. Newman at

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the U. S. District Court, in Sacramento, California on October 31, 2013.

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On October 9, 2013, the Court issued an Order & Writ of Habeas Corpus Ad

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Testificandum directing the Warden of Salinas Valley State Prison to produce Plaintiff in

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Sacramento, California on Thursday, October 31, 2013, to participate in the settlement

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conference. (ECF No. 101.)

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On October 18, 2013, Plaintiff filed the instant request to modify the Order & Writ of

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Habeas Corpus Ad Testificandum. Plaintiff seeks modification of the order to allow his

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participation in the settlement conference via videoconference due to his medical condition and

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care. (ECF No. 103.)

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Having considered Plaintiff’s moving papers, and good cause appearing, Plaintiff’s
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request to modify the Order & Writ of Habeas Corpus Ad Testificandum is GRANTED. Plaintiff

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shall be permitted to appear and participate in the October 31, 2013 settlement conference via

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videoconference. An amended order and writ of habeas corpus ad testificandum will issue

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concurrently with this order.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 22, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

270bb

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