(PC) Gaines v. CA Dept. of Corrections ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THURMAN GAINES, ) Case No.: 1:15-cv-00587-NONE-SAB (PC) ) 12 Plaintiff, ) ) ORDER VACATING WRIT OF HABEAS 13 v. ) CORPUS AD TESTIFICANDUM AS TO INMATE DARRELL E. HARRIS, CDCR #AB7852 14 CALIFORNIA DEPT. OF CORRECTIONS ) et al., ) (ECF No. 108) 15 ) ) 16 Defendants. ) ) 17 ) 18 Plaintiff Thurman Gaines is proceeding in forma pauperis in this civil rights action pursuant to 19 42 U.S.C. § 1983. 20 This case is currently set for an evidentiary hearing on November 13, 2020, at 10:00 a.m. 21 before the undersigned. 22 On October 16, 2020, the Court granted Plaintiff’s request for the attendance of inmate witness 23 Darrell E. Harris, CDCR #AB7852, and a writ of habeas corpus ad testificandum was issued. (ECF 24 Nos. 105, 108.) However, it appears inmate Darrell E. Harris was released on parole after the October 25 16, 2020 orders were issued. Indeed, a search of the California Department of Corrections and 26 Rehabilitation’s (CDCR) website reflects that Plaintiff is no longer in custody as his name and CDCR 27 number are absent. See https://inmatelocator.cdcr.ca.gov. This Court may take judicial notice of facts 28 that are capable of accurate determination by sources whose accuracy cannot reasonably be 1 || questioned. Fed. R. Evid. 201; see also City of Sausalito v. O'Neill, 386 F.3d 1186, 1224 n.2 (9th Cir 2 || 2004) (“We may take judicial notice of a record of a state agency not subject to reasonable dispute.”) 3 || In addition, Plaintiffs witness list filed on November 3, 2020, lists Darrell E. Harris as a “former” 4 ||inmate. (ECF No. 110.) Accordingly, because inmate Harris is no longer in CDCR custody the Cou 5 || will vacate the writ of habeas corpus ad testificandum. 6 Based on the foregoing, it is HEREBY ORDERED that: 7 1. The writ of habeas corpus ad testificandum issued on October 16, 2020 directing the 8 production of inmate Darrell E. Harris CDCR #AB7852 to appear at the November 13 9 2020 evidentiary hearing via video conference (ECF No. 108) is VACATED; and 10 2. The Clerk of Court is directed to issue a copy of this order on the Litigation 11 Coordinator at California State Prison, Corcoran. 12 13 IT IS SO ORDERED. Al (ee 14 Dated: _November 4, 2020 OF 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28