York v. Stewart et al

Filing 191

ORDER VACATING 186 Writ of Habeas Corpus Ad Testificandum Directing Production of Inmate Reginald Ray York, CDCR# J-40227; ORDER VACATING 187 Writ of Habeas Corpus Ad Testificandum Directing Production of Inmate Michael Washington, CDCR# V-39680; and ORDER Directing Clerk's Office to Serve Order by E-mail on Litigation Coordinators signed by Magistrate Judge Barbara A. McAuliffe on 4/5/2023. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD RAY YORK, 12 Plaintiff, 13 v. 14 GARCIA, et al., 15 Defendants. 16 17 18 Case No. 1:15-cv-01828-ADA-BAM (PC) ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM DIRECTING PRODUCTION OF INMATE REGINALD RAY YORK, CDCR #J-40227 (ECF No. 186) ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM DIRECTING PRODUCTION OF INMATE MICHAEL WASHINGTON, CDCR #V-39680 (ECF No. 187) ORDER DIRECTING CLERK’S OFFICE TO SERVE ORDER BY E-MAIL ON LITIGATION COORDINATORS 19 20 21 22 Plaintiff Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se in this civil 23 rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s complaint against 24 Defendant Garcia for the alleged use of excessive force in violation of the Eighth Amendment 25 and against Defendant Neighbors for the alleged failure to intervene/protect in violation of the 26 Eighth Amendment. This matter was set for a jury trial to begin on April 25, 2023 at 8:30 a.m. in 27 Courtroom 1 (ADA) before District Judge Ana de Alba. 28 /// 1 1 On April 5, 2023, a status conference was held via Zoom video and telephonic conference. 2 As discussed on the record, the Court and the parties agreed to continue the trial date, which will 3 be confirmed by separate order. 4 In addition, on March 22, 2023, the Court issued writs of habeas corpus ad testificandum 5 directing the production of Plaintiff Reginald Ray York, inmate, CDCR #J-40227, and Plaintiff’s 6 witness Michael Washington, inmate, CDCR #V-39680, for the April 25, 2023, trial date. (ECF 7 Nos. 186, 187.) As the Court has reset the trial date, the transportation writs for Inmates York 8 and Washington shall be vacated. 9 10 11 12 Accordingly, it is HEREBY ORDERED as follows: 1. The writ of habeas corpus ad testificandum directing the transportation of Reginald Ray York, inmate, CDCR #J-40227, issued on March 22, 2023, (ECF No. 186), is VACATED; 2. The writ of habeas corpus ad testificandum directing the transportation of Michael 13 Washington, inmate, CDCR #V-39680, issued on March 22, 2023, (ECF No. 187), is 14 VACATED; 15 3. The Clerk’s Office shall serve a courtesy copy of this order by e-mail on the Litigation 16 Coordinators at California State Prison Los Angeles County and High Desert State Prison, 17 and on the Litigation Coordinator of any other institution(s) which require this 18 information; and 19 4. The Court will issue all necessary transportation writs in due course. 20 21 22 23 IT IS SO ORDERED. Dated: /s/ Barbara April 5, 2023 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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