Atwood, et al v. Stewart, et al

Filing 450

ORDER GRANTING Petitioners 444 Motion for Presence of Petitioner at Hearing. IT IS FURTHER ORDERED that the Clerk of Court prepare a Writ of Habeas Corpus Ad Testificandum to produce Frank Jarvis Atwood, who is in custody at the Arizona Department of Corrections, in Florence, Arizona, for an evidentiary hearing on 10/7, 10/8, and 10/9, 2013, at 9:00 a.m. in Courtroom 6B of the Evo A. DeConcini United States Courthouse. Signed by Judge John C Coughenour on 8/19/13.(BAC)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Frank Jarvis Atwood, 10 Petitioner, 11 DEATH PENALTY CASE vs. 12 No. CV-98-116-TUC-JCC Charles L. Ryan, et al., ORDER 13 Respondents. 14 This matter is set for an evidentiary hearing on October 7-9, 2013. It appearing 15 16 17 that counsel will need to consult with their client, and in the event Petitioner is called as a witness, the Court finds good cause to require Petitioner’s attendance at the hearing. Accordingly, 18 IT IS ORDERED that Petitioner’s Motion for Presence of Petitioner at Hearing 19 20 21 22 23 24 25 (Doc. 444) is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court prepare a Writ of Habeas Corpus Ad Testificandum to produce Frank Jarvis Atwood, Inmate #062887, who is in custody at the Arizona Department of Corrections, ASPC Eyman, Browning Unit in Florence, Arizona, 85232, for an evidentiary hearing on October 7, 8, and 9, 2013, at 9:00 a.m. in Courtroom 6B of the Evo A. DeConcini United States Courthouse, 405 W. Congress, Tucson, Arizona. 26 27 28 /// /// 1 DATED this 19th day of August 2013. 2 3 4 5 6 7 8 9 A John C. Coughenour UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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