Calloway v. Veal et al

Filing 147

ORDER DISMISSING Case; ORDER Vacating March 18, 2014 143 Order and Writ of Habeas Corpus Ad Testificandum as to Jamisi Jermain Calloway, CDC #P-97743, ORDER for Clerk to Close Case, signed by District Judge Lawrence J. O'Neill on 03/21/14. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMISI JERMAINE CALLOWAY,

1:08-cv-01896-LJO-GSA-PC

12

Plaintiff,

ORDER DISMISSING CASE

13
14
15

vs.

ORDER VACATING MARCH 18, 2014
ORDER AND WRIT OF HABEAS CORPUS
AD TESTIFICANDUM AS TO JAMISI
JERMAINE CALLOWAY, CDC #P-97743
(Doc. 143.)

C/O W. HAYWARD AND C/O J. OAKS,
Defendants.

16

ORDER FOR CLERK TO CLOSE CASE

17
18
19

Jamisi Jermaine Calloway (“Plaintiff”) is a state prisoner proceeding pro se and in

20

forma pauperis with this five year old civil rights action pursuant to 42 U.S.C. ' 1983, against

21

defendants Correctional Officers W. Hayward and J. Oaks (“Defendants”), for use of excessive

22

force against Plaintiff, in violation of the Eighth Amendment of the United States Constitution.

23

On March 21, 2014, a telephonic trial confirmation hearing was held before District

24

Judge Lawrence J. O’Neill. Plaintiff appeared for himself, and defense counsel Lesley R.

25

Wagley appeared for Defendants.

26

Based on Plaintiff’s multiple representations at the March 21, 2014 hearing that he is

27

incapable and unable to proceed to trial in this matter, the court made a sua sponte motion to

28

dismiss this case and granted the motion.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

This case is DISMISSED;

3

2.

The order and writ of habeas corpus ad testificandum, issued on March 18,

4

2014, to transport inmate Jamisi Jermaine Calloway, CDC #P-97743, to trial on

5

April 22, 2014, is VACATED; and

6

3.

7

The Clerk of Court is directed to CLOSE this case and serve this order in the
manner of service of the order and writ of habeas corpus ad testificandum.

8
9
10

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 21, 2014

UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28
2