McCoy v. Spidle et al

Filing 235

ORDER and Writ of Habeas Corpus Ad Testificandum to Transport Davon E. McCoy, CDCR #H-67575 for Trial on 1/31/2012 at 9:00am, signed by Senior Judge Stephen M. McNamee on 11/22/11. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Davon E. McCoy,

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Plaintiff,
vs.

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R. Spidle, et al.,
Defendants.

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No. CV-07-198-SMM
ORDER AND WRIT OF HABEAS
CORPUS AD TESTIFICANDUM

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Before the Court is Plaintiff’s Application for Writ of Habeas Corpus Ad

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Testificandum (Doc. 233). Plaintiff Davon E. McCoy (Inmate #H67575), a necessary and

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material witness in and party to the proceedings in this case, is confined in Salinas Valley

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State Prison located at 31625 Highway 101, Soledad, CA 93960 in the custody of Warden

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Anthony Hedgpeth. In order to secure his attendance at trial it is necessary to issue a Writ of

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Habeas Corpus Ad Testificandum commanding the custodian to produce the inmate in

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Courtroom #26 of this Court located at 501 “I” Street, Sacramento, CA 95814 on January 31,

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2012 at 9:00 a.m. and every court day thereafter at the same time and place through February

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10, 2012.

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Accordingly,

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IT IS HEREBY ORDERED GRANTING Plaintiff’s Application for Writ of Habeas

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Corpus Ad Testificandum (Doc. 233).

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IT IS FURTHER ORDERED that:

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1.

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A Writ of Habeas Corpus Ad Testificandum shall issue under the seal of this
Court commanding Warden Anthony Hedgpeth to produce Davon E. McCoy
(Inmate #H67575) for the trial of this case and to return him to Salinas Valley

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State Prison upon conclusion of the proceeding or as otherwise further ordered

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by the Court;

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2.

The custodian must promptly notify the Court of any change in custody of the

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inmate and provide the new custodian, if any, with a copy of this Order and

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Writ; and

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3.

Service of this Order and Writ may be accomplished by mailing a certified

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copy to the Litigation Coordinator at Salinas Valley State Prison, P.O. Box

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1020, Soledad, CA 93690-1020.

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To:

Warden Anthony Hedgpeth
Salinas Valley State Prison
P.O. Box 1020
Soledad, CA 93690-1020

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You are commanded to produce Davon E. McCoy (Inmate #H67575) in Courtroom
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#26 of this Court located at 501 “I” Street, Sacramento, CA 95814 on January 31, 2012 at
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9:00 a.m. and every court day thereafter at the same time and place through February 10,
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2012 and to return him to Salinas Valley State Prison upon conclusion of the proceedings or
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as otherwise further ordered by the Court.
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You are further ordered to notify the Court of any change in custody of the inmate and
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provide the new custodian, if any, with a copy of this Order and Writ.
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DATED this 22nd day of November, 2011.

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