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Desha Carter v. C. Munoz

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 9, 2011

DESHA CARTER,
PLAINTIFF,
v.
C. MUNOZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DENYING MOTIONS IN LIMINE AS RENDERED MOOT (Docs. 87 & 88)

ORDER VACATING WRITS OF HABEAS CORPUS AD TESTIFICANDUM (Docs. 72, 73 & 74)

Plaintiff is a parolee proceeding pro se with a civil rights action pursuant to 42 U.S.C. 1983. On February 8, 2011, the parties appeared for a telephonic settlement conference before United States Magistrate Judge Dennis L. Beck and reached settlement of this matter. (Doc. 90.) All dates, including the February 28, 2011 jury trial date, have been vacated.

Accordingly, it is HEREBY ORDERED that:

1. Defendants' February 3, 2011 motion in limine to exclude expert medical testimony by Plaintiff (Doc. 87) is DENIED as having been rendered moot;

2. Defendants' February 3, 2011 motion in limine to exclude evidence of possible reimbursement (Doc. 88) is DENIED as having been rendered moot;

3. The writ of habeas corpus ad testificandum issued for inmate Doen Naeem Haygood, CDC# T-15851, (Doc. 72) is VACATED as this witness is no longer needed for jury trial in this matter;

4. The writ of habeas corpus ad testificandum issued for inmate Daniel Perez, CDC# T-15851, (Doc. 73) is VACATED as this witness is no longer needed for jury trial in this matter;

5. The writ of habeas corpus ad testificandum issued for inmate Robert W. Porter, CDC# C-50578, (Doc. 74) is VACATED as this witness is no longer needed for jury trial in this matter; and

6. The Clerk of the Court is directed to send a copy of this order to the warden of the institution of incarceration for each of the three inmate witnesses listed above.

IT IS SO ORDERED.

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20110209

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