Hodge v. Gonzales et al

Filing 61

ORDER DENYING Motion for Court Order to be Sent Back to Ironwood State Prison, as Unnecessary 60 , signed by Magistrate Judge Barbara A. McAuliffe on 10/4/17. (Hellings, J)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK HODGE, Case No. 1:15-cv-01618-AWI-BAM (PC) 12 13 v. 14 15 Plaintiff, ORDER DENYING MOTION FOR COURT ORDER TO BE SENT BACK TO IRONWOOD STATE PRISON, AS UNNECESSARY J. GONZALES, et al., 16 (ECF No. 60) Defendants. 17 18 19 20 21 Plaintiff Mark Hodge (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. A settlement conference was held in this case on September 18, 2017, at Corcoran State 22 Prison. (ECF No. 56.) Plaintiff was transported from Ironwood State Prison for the conference 23 pursuant to an order and writ of habeas corpus ad testificandum. (ECF No. 42.) 24 Currently before the Court is Plaintiff’s motion for issuance of a court order to send him 25 back to Ironwood State Prison, dated September 20, 2017 and received by the Court on October 26 2, 2017. (ECF No. 60.) 27 28 The Court has issued an order discharging the writ of habeas corpus ad testificandum. (ECF No. 59.) Furthermore, the Court has confirmed with prison officials that Plaintiff left 1 1 Corcoran State Prison shortly after he sent the instant motion to the Court, and he is currently 2 back at Ironwood State Prison. 3 4 Accordingly, Plaintiff’s motion for an order to transport him back to Ironwood State Prison is denied, as unnecessary. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara October 4, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 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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