Free Order - District Court of Arizona - Arizona

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Case 2:00-cv-00936-SMM Document 173 Filed 08/10/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

ROBERT L. JARAMILLO,

) ) Petitioner, ) ) vs. ) ) DORA B. SCHRIRO, et al., ) ) Respondents. ) _________________________________ )

No. CIV 00-0936-PHX-SMM ORDER

Pending before the Court is Petitioner's Supplemental Notice of Expected Date(s) of Testimony of Inmate Witnesses and Request to Withdraw Writs. [Doc. No. 168]. In this notice, Petitioner informs the Court that he has decided not to call as witnesses in this matter Lino Flores, ADOC # 040338, and Larry Joseph Prince, ADOC # 058251, and thereby requests that the Court rescind the Writs of Habeas Corpus Ad Testificandum previously issued as to these inmate witnesses. After consideration of Petitioner's request, with no objections raised by Respondents, and good cause shown thereto, the Court hereby grants Petitioner's request.

Accordingly, IT IS THEREFORE ORDERED that the Writ of Habeas Corpus Ad Testificandum directed to ADOC for inmate Lino Flores, ADOC # 040338, is hereby rescinded. ADOC shall not produce inmate Flores for the pending evidentiary hearing.

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IT IS FURTHER ORDERED that the Writ of Habeas Corpus Ad Testificandum directed to ADOC for inmate Larry Joseph Prince, ADOC # 058251, is hereby rescinded. ADOC shall not produce inmate Prince for the pending evidentiary hearing.

DATED this 9th day of August, 2005.

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