Scruggs v. Vance et al

Filing 192

ORDER signed by Magistrate Judge Kendall J. Newman on 5/7/2012 VACATING 187 , 188 Writs of Habeas Corpus Ad Testificandum; DIRECTING the Clerk of Court to serve copies of this order on the Director of Atascadero State Hospital, The Warden of California State Prison, Los Angeles County, and the Out-to-Court Desk, California State Prison - Sacramento. (cc: OTCD) (Michel, G)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ARTAY SCRUGGS,

11

Plaintiff,

12

vs.

13

No. 2:06-cv-0633 KJM KJN P

S. VANCE, et al.,

14

ORDER VACATING WRITS

Defendants.

15

OF HABEAS CORPUS
/

16

AD TESTIFICANDUM

On April 27, 2012, the court issued two writs of habeas ad testificandum for

17

prison officials to deliver plaintiff and witness Lorenzo Robinson, inmate No. H-05888, to court

18

on May 18, 2012, and May 22, 2012, respectively. Jury trial in this matter is being continued.

19

Accordingly, the April 27, 2012 writs are vacated. The court will issue revised writs once a new

20

trial date has been set.

21

Accordingly, IT IS HEREBY ORDERED that:

22

1. The April 27, 2012 second revised writ of habeas corpus ad testificandum,

23

directed to the Director, Atascadero State Hospital, California Department of Mental Health,

24

10333 El Camino Real, Atascadero, CA 93422 (dkt. no. 188), for plaintiff’s attendance on May

25

18, 2012, is vacated;

26

////
1

1

2. The April 27, 2012 revised writ of habeas corpus ad testificandum, directed to

2

the Warden, California State Prison, Los Angeles County (LAC), 44750 60th Street West,

3

Lancaster, CA 93536-7620 (dkt. no. 187), for inmate Robinson’s attendance (inmate no. H-

4

05888) on May 22, 2012, is vacated; and

5

3. The Clerk of the Court shall serve copies of this order on (a) the Director of

6

Atascadero State Hospital; (b) the Warden, California State Prison, Los Angeles County (LAC);

7

and (c) the Out-to-Court Desk, California State Prison - Sacramento, P.O. Box 290007, Represa,

8

California 95671.

9

DATED: May 7, 2012

10
11

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

12
13

scru0633.vac

14
15
16
17
18
19
20
21
22
23
24
25
26
2