Thomas v. Lewis et al

Filing 136

ORDER VACATING ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to 126 , signed by District Judge Dale A. Drozd on 9/5/2019. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY C. THOMAS, 12 13 14 No. 1:16-cv-00524-DAD-EPG Plaintiff, v. ORDER VACATING ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM MARK KUO, 15 Defendant. (Doc. No. 126) 16 17 Plaintiff Johnny C. Thomas is a state prisoner proceeding pro se and in forma pauperis in 18 this action against defendant Mark Kuo, with claims arising under 42 U.S.C. ยง 1983 for deliberate 19 indifference to serious medical needs in violation of the Eighth Amendment. On August 21, 2019 20 the court issued an Order &Writ of Habeas Corpus Ad Testificandum to transport plaintiff, 21 CDCR # G-07361, to the court for the jury trial in this matter previously scheduled for September 22 24, 2019. (Doc. No. 126.) On September 5, 2019, the court was required to continue the jury 23 trial to December 10, 2019 due to an upcoming criminal trial. (Doc. No. 135.) 24 Accordingly, it is hereby ordered that the Order &Writ of Habeas Corpus Ad 25 Testificandum to transport plaintiff, CDCR # G-07361, (Doc. No. 126) is vacated. 26 IT IS SO ORDERED. 27 28 Dated: September 5, 2019 UNITED STATES DISTRICT JUDGE 1 1 2 3 4 5 6 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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