Simmons v. Adams et al

Filing 94

ORDER Denying 89 Motion for Issuance of Transportation Writ as Unnecessary, signed by Magistrate Judge Sheila K. Oberto on 11/13/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELVIN JOSEPH SIMMONS,
Plaintiff,

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v.

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DERAL G. ADAMS, et al.,

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Case No. 1:10-cv-01259-LJO-SKO PC
ORDER DENYING MOTION FOR
ISSUANCE OF TRANSPORTATION WRIT
AS UNNECESSARY
(Doc. 89)

Defendants.
_____________________________________/

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Plaintiff Melvin Joseph Simmons, a state prisoner proceeding pro se and in forma pauperis,

17 filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 14, 2010. This matter is
18 currently set for jury trial on January 22, 2014. On October 7, 2013, Plaintiff filed a motion
19 seeking the issuance of a writ of habeas corpus ad testificandum directing the Warden of Pelican
20 Bay State Prison to transport him for trial. Defendant Sanders filed a statement of non-opposition
21 on October 16, 2013.
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It is unnecessary for Plaintiff to seek the issuance of a writ. If this matter is confirmed for

23 trial during the hearing set for December 13, 2013, at which Plaintiff will appear by telephone, the
24 Court will issue a writ directing his transportation following the hearing. It is not necessary for
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1 Plaintiff to file a motion seeking to attend trial in person and his motion is HEREBY DENIED on
2 that basis.
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IT IS SO ORDERED.
Dated:

November 13, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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