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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNY C. THOMAS,

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No. 1:16-cv-00524-DAD-EPG

Plaintiff,
v.

ORDER VACATING ORDER & WRIT OF
HABEAS CORPUS AD
TESTIFICANDUM

MARK KUO,

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Defendant.

(Doc. No. 126)

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Plaintiff Johnny C. Thomas is a state prisoner proceeding pro se and in forma pauperis in

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this action against defendant Mark Kuo, with claims arising under 42 U.S.C. § 1983 for deliberate

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indifference to serious medical needs in violation of the Eighth Amendment. On August 21, 2019

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the court issued an Order &Writ of Habeas Corpus Ad Testificandum to transport plaintiff,

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CDCR # G-07361, to the court for the jury trial in this matter previously scheduled for September

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24, 2019. (Doc. No. 126.) On September 5, 2019, the court was required to continue the jury

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trial to December 10, 2019 due to an upcoming criminal trial. (Doc. No. 135.)

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Accordingly, it is hereby ordered that the Order &Writ of Habeas Corpus Ad

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Testificandum to transport plaintiff, CDCR # G-07361, (Doc. No. 126) is vacated.

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IT IS SO ORDERED.

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Dated:

September 5, 2019
UNITED STATES DISTRICT JUDGE
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