Griffin v. Gonzales et al

Filing 29

ORDER DENYING Plaintiff's Motion for Writ of Habeas Corpus Ad Testificandum Without Prejudice as Moot 25 , signed by Magistrate Judge Erica P. Grosjean on 2/6/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-00577-AWI-EPG (PC)

MATTHEW JAMES GRIFFIN,

ORDER DENYING PLAINTIFF’S MOTION
FOR WRIT OF HABEAS CORPUS AD
TESTIFICANDUM WITHOUT PREJUDICE
AS MOOT

Plaintiff,
v.
GONZALES, et al.,

(ECF NO. 25)

Defendants.

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Matthew James Griffin (APlaintiff@) is a former California state prisoner proceeding pro
se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983.1

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On January 12, 2017, Plaintiff filed what the Court construes as a motion for a Writ of

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Habeas Corpus ad Testificandum. (ECF No. 25). Plaintiff requests a Writ of Habeas Corpus

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ad Testificandum ordering the superintendent of the Alexander Correctional Institute to

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produce Plaintiff via a telephonic conference call.

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The Court will deny Plaintiff’s motion, without prejudice, as moot. It is this Court’s

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procedure to issue the necessary Writs of Habeaus Corpus ad Testificandum prior to a hearing,

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conference, or trial. The Court notes that Plaintiff is incarcerated in North Carolina and thus

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intends to issue a writ for participation in Court proceedings when required. Thus, Plaintiff

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does not need to file a request for a Writ prior to a scheduled hearing, conference, or trial.

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Therefore, Plaintiff’s motion will be denied as moot.

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If the Court does not issue such a writ or Plaintiff believes something different is

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required, Plaintiff can file another motion for a specific writ related to a specific hearing in the

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Plaintiff is currently incarcerated in North Carolina.
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future.
Accordingly, IT IS ORDERED that Plaintiff’s motion for a Writ of Habeas Corpus Ad
Testificandum is DENIED without prejudice as moot.

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IT IS SO ORDERED.
Dated:

February 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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