Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 98

ORDER signed by Magistrate Judge Allison Claire on 10/26/16 ordering that plaintiff's request to be present at the 11/02/16 hearing on counsel's motion to withdraw 97 is granted to the extent that plaintiff will appear at the hearing telephonically. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN PHILIP MONCRIEF,

12

Plaintiff,

13
14
15

No. 2:12-cv-0414 MCE AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16

Defendants.

17
Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. §

18
19

1983. Currently before the court is plaintiff’s counsel’s motion to withdraw, which is set for

20

hearing on November 2, 2016, at 10:00 a.m. ECF No. 93. Plaintiff has filed a response to the

21

motion in which he expresses concern over the withdrawal and the fact that he will not be present

22

at the hearing to explain his position. ECF No. 97. The court will construe the letter as a motion

23

to be present at the hearing and it is granted to the extent that an order and writ of habeas corpus

24

ad testificandum was issued on September 6, 2016, requiring the Warden of Richard J. Donovan

25

Correctional Facility to have plaintiff appear at the hearing telephonically.

26

////

27

////

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to be present at the

2

November 2, 2016 hearing on counsel’s motion to withdraw (ECF No. 97) is granted to the extent

3

that plaintiff will appear at the hearing telephonically.

4

DATED: October 26, 2016

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2