Ellerbe v. Herring et al

Filing 76

ORDER that the Trial in this matter is CONTINUED to a date to be determined by separate order. FURTHER ORDERED that the writ of habeas corpus ad testificandum for Plaintiff (ECF No. 69) is VACATED. Signed by Senior Judge Graham Mullen on 5/10/2022. (Pro se litigant served by US Mail.)(ef)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:19-CV-00128-GCM CHRISTOPHER D. ELLERBE, Plaintiff, v. ORDER JOHN A HERRING, KEVIN INGRAM, FNU RUE, KEITH LAMBERT, FNU SELLERS, FNU PRESTON, Defendants. THIS MATTER comes before the Court on its own motion. Trial in this matter is mere days away. The Court has learned that a key participant has been ill with COVID-19 and continues to experience symptoms. In order to protect the safety of jurors, court personnel, and the parties, the trial must be continued. IT IS THEREFORE ORDERED that: 1. Trial in this matter is CONTINUED to a date to be determined by separate order. 2. The writ of habeas corpus ad testificandum for Plaintiff (ECF No. 69) is VACATED. 3. The Clerk is respectfully directed to TRANSMIT A COPY of this Order to all parties; the U.S. Marshal; the Warden of the Alexander Correctional Institution, 633 Old Landfill Road, Taylorsville, NC 28681; and Joyce Meadows, NCDPS Administrative Specialist for Writs, joyce.meadows@ncdps.gov. SO ORDERED. Signed: May 10, 2022 Case 3:19-cv-00128-GCM Document 76 Filed 05/10/22 Page 1 of 1

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