Venable v. Patel

Filing 47

ORDER resetting Telephonic Status Conference for 5/18/2021 at 09:30 AM; vacating Writ of Habeas 46 and directing Clerk's Office to serve Order by e-mail on Kern Valley State Prison signed by Magistrate Judge Barbara A. McAuliffe on 3/23/2021. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELVIS VENABLE,

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Plaintiff,
v.

Case No. 1:17-cv-01519-BAM (PC)
ORDER RESETTING TELEPHONIC
STATUS CONFERENCE
Date: May 18, 2021
Time: 9:30 a.m.

PATEL,
Defendant.

ORDER VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM
DIRECTING PRODUCTION OF INMATE
ELVIS VENABLE, CDCR #P-32015
(ECF No. 46)
ORDER DIRECTING CLERK’S OFFICE TO
SERVE ORDER BY E-MAIL ON KERN
VALLEY STATE PRISON

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Plaintiff Elvis Venable (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claim against Defendant Patel for nominal, compensatory, and punitive damages

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resulting from Defendant Patel’s alleged violation of Plaintiff’s Eighth Amendment rights. All

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parties have consented to Magistrate Judge jurisdiction. (ECF No. 44.)

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A telephonic status conference in this matter is currently scheduled on April 15, 2021 at
9:30 a.m. The Court has been informed that Kern Valley State Prison, where Plaintiff is currently
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housed, cannot accommodate his appearance on this date. In light of this information, the Court

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finds that the telephonic status conference will be continued to May 18, 2021, at 9:30 a.m.

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In addition, on March 16, 2021, the Court issued a writ of habeas corpus ad testificandum

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directing the production of Plaintiff Elvis Venable, inmate, CDCR #P-32015, for the April 15,

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2021 telephonic status conference, as a witness on his own behalf in this matter. (ECF No. 46.)

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As the Court has reset the telephonic status conference for May 18, 2021, at 9:30 a.m., the

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transportation writ for Inmate Venable shall be vacated.

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Accordingly, it is HEREBY ORDERED that:
1. The telephonic status conference set for April 15, 2021, at 9:30 a.m. is RESET for May
18, 2021, at 9:30 a.m. before the undersigned in Courtroom 8 (BAM);

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2. The parties shall appear telephonically (via Zoom);

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3. Defense counsel shall contact Courtroom Deputy, Esther Valdez, at [phone] or

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[e-mail] for the Zoom dial-in information for all parties;
4. Defense counsel is required to arrange for Plaintiff’s participation by contacting the
Litigation Coordinator at the institution where Plaintiff is housed;

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5. The writ of habeas corpus ad testificandum directing the production of Elvis Venable,

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inmate, CDCR #P-32015, issued on March 16, 2021, (ECF No. 46), is VACATED;

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6. The Clerk’s Office shall serve a courtesy copy of this order by e-mail on the Litigation

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Coordinator at Kern Valley State Prison, and on the Litigation Coordinator of any other

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institution(s) which require this information; and

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7. The Court will issue an amended transportation writ for Plaintiff’s telephonic appearance
in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 23, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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