Herman D. Shead v. Vang et al

Filing 93

ORDER VACATING 89 Writ of Habeas Corpus Ad Testificandum Directing Warden of San Quentin State Prison to Transport Herman D. Shead, CDCR# E-38991, for Court Appearance on August 13, 2013, signed by Magistrate Judge Sheila K. Oberto on 8/7/2013. (Marrujo, C)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

HERMAN D. SHEAD,

11

Plaintiff,
v.

12

C/O VANG,

13

Defendant.

14

Case No. 1:09-cv-00006-AWI-SKO
ORDER VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM
DIRECTING WARDEN OF SAN
QUENTIN STATE PRISON TO
TRANSPORT HERMAN D. SHEAD,
CDCR #E-38991, FOR COURT
APPEARANCE ON AUGUST 13, 2013
(Doc. 89)

15
_____________________________________/
16

Plaintiff Herman D. Shead filed this civil rights action pursuant to 42 U.S.C. § 1983 on

17

18 January 5, 2009. This action is proceeding against Defendant Vang on Plaintiff’s claim that Vang
19 used excessive force against him on or around July 3, 2007, in violation of the Eighth Amendment
20 of the United States Constitution. At the time of the events in question, Plaintiff was incarcerated
1
21 at Pleasant Valley State Prison in Coalinga, California.

On August 1, 2013, the Court issued a writ of habeas corpus ad testificandum directing the

22

23 Warden of San Quentin State Prison to transport Plaintiff to the United States Courthouse in
24 Fresno, California, on August 13, 2013, for court a mandatory settlement conference.
The Court has issued an Order VACATING the settlement conference in light of Plaintiff’s

25

26 failure to submit a confidential settlement conference statement. Accordingly, the writ of habeas
27 corpus ad testificandum directing the Warden of San Quentin State Prison to transport
28

1

Plaintiff is currently incarcerated at San Quentin State Prison.

1 Plaintiff Herman D. Shead, CDCR #E-38991, to the United States Courthouse in Fresno,
2 California, on August 13, 2013, is HEREBY ORDERED VACATED.
3
4
5
6

IT IS SO ORDERED.
Dated:

August 7, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2