(PC) Martinez v. California State Prison Corcoran et al

Filing 49

ORDER GRANTING Defendants Request 48 to Reschedule the September 29, 2020 Video Settlement Conference and Continue to November 2, 2020; ORDER VACATING Writ of Habeas Corpus Ad Testificandum to Produce Inmate: Fred Feleki Martinez, CDCR# G-36 444 46 ; ORDER DIRECTING Clerk's Office to serve this Order by E-mail on California Medical Facility; ORDERED that this Court will issue an amended transportation writ in due course,signed by Magistrate Judge Stanley A. Boone on 9/10/2020. (Settlement Conference set for 11/2/2020 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 FRED FELEKI MARTINEZ, 9 10 Plaintiff, v. 11 CALIFORNIA STATE PRISON, 12 CORCORAN, et.al., 13 Defendants. 14 15 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:19-cv-00108-DAD-BAM (PC) ORDER GRANTING DEFENDANTS REQUEST TO RESCHEDULE THE SEPTEMBER 29, 2020 VIDEO SETTLEMENT CONFERENCE (ECF No. 48) Date: November 2, 2020 Time: 11:00 a.m. ORDER VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO PRODUCE INMATE FRED FELEKI MARTINEZ, CDCR #g36444 (ECF No. 46) ORDER DIRECTING CLERK’S OFFICE TO SERVE ORDER BY E-MAIL ON CALIFORNIA MEDICAL FACILITY 19 20 21 22 23 24 Plaintiff Fred Feleki Martinez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is currently set for a video settlement conference before the undersigned on September 29, 2020. On September 1, 2020, the Court issued a writ of habeas corpus ad testificandum directing the 25 production of Plaintiff Fred Feleki Martinez, inmate, CDCR #G-36444, for a video settlement 26 conference on September 29, 2020, as a witness on his own behalf in this matter. (ECF No. 46.) 27 On September 10, 2020, Defendants filed a request to reschedule the settlement conference 28 September 29, 2020, to accommodate the restrictions the California Department of Corrections and 1 1 Rehabilitation has put into place to restrict the spread of COVID-19. (ECF No. 48.) Defendants 2 request the conference be rescheduled for November 2, 2020, and counsel has been informed that 3 California Medical Facility’s videoconferencing equipment is available that date from 8:30 a.m. to 4 1:30 p.m. (Id.) The Court finds good cause to continue the video settlement conference in this matter. 5 6 Therefore, the transportation writ for Inmate Fred Feleki Martinez shall be vacated. 7 Accordingly, it is HEREBY ORDERED that: 8 1. Defendants’ request to reschedule the September 29, 2020 video settlement conference, (ECF No. 48), is GRANTED; 9 2. 10 The September 29, 2020 video settlement conference is continued to November 2, 2020 at 11:00 a.m.; 11 3. 12 Counsel for Defendants is required to arrange for Plaintiff’s participation by contacting 13 the Litigation Coordinator at the institution where Plaintiff is housed. Counsel shall also 14 contact Courtroom Deputy, Mamie Hernandez, at (559) 499-5672 or 15 mhernandez@caed.uscourts.gov for information on how to facilitate the conference; 4. 16 The writ of habeas corpus ad testificandum directing the production of Fred Feleki 17 Martinez, inmate, CDCR #G-36444, issued on September 1, 2020, (ECF No. 46), is 18 VACATED; 5. 19 The Clerk’s Office shall serve a courtesy copy of this order by e-mail on the Litigation 20 Coordinator at California Medical Facility, and on the Litigation Coordinator of any 21 other institution(s) which require this information; and 6. 22 The Court will issue an amended transportation writ in due course. 23 24 25 IT IS SO ORDERED. 26 Dated: 27 September 10, 2020 UNITED STATES MAGISTRATE JUDGE 28 2 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 3

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