Menefield v. Yates et al

Filing 72

ORDER Denying Plaintiff's 71 Motion to Quash Writ of Habeas Corpus Ad Testificandum signed by Magistrate Judge Michael J. Seng on 04/04/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES FREDRICK MENEFIELD,

CASE NO. 1:10-cv-02406-MJS PC

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
TO QUASH WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

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v.

(ECF No. 71)

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JAMES A. YATES, et al.,
Defendants.

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/

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James Fredrick Menefield (“Plaintiff”) is a prisoner confined at Pleasant Valley State
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Prison proceeding pro se and in forma pauperis in this civil rights action pursuant to 42
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U.S.C. § 1983.
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This case has been stayed in its entirety pending completion of a settlement
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conference scheduled to occur before Magistrate Judge Nandor J. Vadas at California State
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Prison-Solano (CSP-SOL) on May 9, 2012 at 9:00 a.m. (Order Staying, ECF No. 59; Order
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re Settlement Conference, ECF No. 65.) The Court issued an Order & Writ of Habeas
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Corpus Ad Testificandum on March 5, 2012 to secure Plaintiff’s attendance at the
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settlement conference. (Order & Writ, ECF No. 64.) Plaintiff moved to quash the Order &
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Writ on March 22, 2012. (Motion to Quash, ECF No. 67.) The Court denied this Motion
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(Order Denying, ECF No. 68) and issued an Amended Order & Writ of Habeas Corpus Ad
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Testificandum on March 28, 2012. (Amended Order & Writ, ECF No. 69.)
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Before the Court is Plaintiff’s Motion to Quash the Previously-Issued Writ of Habeas

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Corpus Ad Testificandum and Allow the Scheduled Settlement Conference to [be] Held at

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Pleasant Valley State Prison. (Motion to Quash, ECF No. 71.)

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Plaintiff’s current Motion to Quash (ECF 71) fails because it is duplicative and moot.

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The current motion is entirely duplicative of his earlier Motion to Quash (ECF No. 67) which

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the Court denied on March 28th. (ECF No. 68.)

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Accordingly, Plaintiff’s Motion to Quash the Previously-Issued Writ of Habeas Corpus

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Ad Testificandum and Allow the Scheduled Settlement Conference to [be] Held at Pleasant

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Valley State Prison (ECF No. 71) is hereby DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

April 4, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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