Villareal v. County of Fresno

Filing 250

ORDER Requiring Plaintiff's Counsel to Inform the Court Whether a Writ of Habeas Corpus Ad Testificandum is Necessary to Secure Plaintiff's Attendance at Trial, signed by Magistrate Judge Erica P. Grosjean on 09/29/2022. Seven-Day Deadline. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ELAINE K. VILLAREAL, 12 13 v. 14 15 COUNTY OF FRESNO, 16 Case No. 1:15-cv-01410-ADA-EPG (PC) Plaintiff, ORDER REQUIRING PLAINTIFF’S COUNSEL TO INFORM THE COURT WHETHER A WRIT OF HABEAS CORPUS AD TESTIFICANDUM IS NECESSARY TO SECURE PLAINTIFF’S ATTENDANCE AT TRIAL Defendant. SEVEN-DAY DEADLINE 17 Plaintiff Elaine K. Villareal is proceeding in forma pauperis in this civil rights action 18 19 brought pursuant to 42 U.S.C. § 1983. Based on the record in this case, it is unclear if Plaintiff 20 Elaine Villareal is currently incarcerated. Thus, it is unclear if the Court must issue a writ of 21 habeas corpus ad testificandum to secure Plaintiff’s attendance at the trial, which is currently set 22 for November 8, 2022. Accordingly, IT IS ORDERED that Plaintiff’s counsel has seven days from the date of 23 24 service of this order to file a notice informing the Court whether a writ of habeas corpus ad 25 testificandum is necessary to secure Plaintiff’s attendance at the trial. 26 \\\ 27 \\\ 28 \\\ 1 1 If a writ of habeas corpus ad testificandum is necessary, Plaintiff’s counsel shall further 2 inform the Court where Plaintiff is currently incarcerated and provide the Court with the relevant 3 identification number(s). 4 5 6 IT IS SO ORDERED. Dated: September 29, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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