Fields v. Junious et al

Filing 131

ORDER signed by Magistrate Judge Dennis L. Beck on 5/31/2013 vacating 114 , 115 and 116 Writs of Habeas Corpus Ad Testificandum. (Lundstrom, T)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 KEVIN E. FIELDS, 8 Plaintiff, 9 Case No. 1:09-cv-01771-AWI-DLB PC ORDER VACATING WRITS OF HABEAS CORPUS AD TESTIFICANDUM v. ECF Nos. 114, 115, 116 10 J. TUCKER, et al., 11 Defendants. 12 Plaintiff Kevin E. Fields (“Plaintiff”) is a California state prisoner proceeding pro se and in 13 14 forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s 15 Eighth Amendment claim regarding unsanitary conditions in his cell against Defendants Hernandez, 16 Molina, Marsh, and Tucker and on Plaintiff’s Eighth Amendment claim regarding inadequate 17 temperature in his cell against Defendants Hernandez, Molina, and Marsh. This matter was set for 18 jury trial on June 4, 2013 before United States District Judge Anthony W. Ishii. On May 28, 2013, pursuant to a telephonic conference, Plaintiff’s motion to continue the trial 19 20 date was granted. Accordingly, it is HEREBY ORDERED that the writs of habeas corpus ad 21 testificandum issued on May 7, 2013, as to Plaintiff Kevin E. Fields, Anthony E. Mack, and Bryan 22 E. Ransom, are VACATED. 23 24 25 IT IS SO ORDERED. Dated: 26 27 28 /s/ Dennis May 31, 2013 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 77e0d6 1

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