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. ยง 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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