Morris v. Hickinson, et al

Filing 104

ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/10 ORDERING pltf's 10/5/10 motion 90 is DENIED and pltf's 10/5/10 petition for a writ of habeas corpus ad testificandum 89 is DISREGARDED.(Carlos, K)

(PC) Morris v. Hickinson, et al

Doc. 104

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 //// //// //// vs. D. HICKISON, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S.C. § 1983. On October 5, 2009, plaintiff filed a motion to transfer plaintiff to be present at trial. The instant case has not yet been set for trial. Moreover, once the court issues the pretrial order governing plaintiff's trial, the court will issue, sua sponte, a writ of habeas corpus ad testificandum requiring plaintiff's attendance at trial. Plaintiff does not need to request a transfer or provide a writ. Thus, plaintiff's motion will be denied as unnecessary. IT IS HEREBY ORDERED that: 1. Plaintiff's October 5, 2009 motion is denied. (Dkt. No. 90.) ORDER ROBERT MORRIS, Plaintiff, No. 2:06-cv-2936 LKK KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2. Plaintiff's October 5, 2009 petition for writ of habeas corpus ad testificandum is disregarded. (Dkt. No. 89.) DATED: July 26, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE