McCoy v. Spidle et al

Filing 239

AMENDED ORDER and WRIT of Habeas Corpus Ad Testificandum to Transport Davon E. McCoy, CDCR #H-67575 for Trial on 1/30/2012 at 9:00am, signed by Senior Judge Stephen M. McNamee on 12/21/11. (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,
Plaintiff,

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vs.
R. Spidle, et al.,

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Defendants.

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

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The Court has re-set the commencement of Plaintiff’s trial from January 31, 2012 to

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January 30, 2012. Consequently, the Court issues this Amended Order and Writ of Habeas

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Corpus Ad Testificandum for transporting Plaintiff to the trial. Plaintiff Davon E. McCoy

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(Inmate #H67575), a necessary and material witness in and party to the proceedings in this

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case, is confined in Salinas Valley State Prison located at 31625 Highway 101, Soledad, CA

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93960 in the custody of Warden Anthony Hedgpeth. In order to secure his attendance at trial

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it is necessary to issue a Writ of Habeas Corpus Ad Testificandum commanding the

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custodian to produce the inmate in Courtroom #2 of this Court located at 501 “I” Street,

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Sacramento, CA 95814 on January 30, 2012 at 9:00 a.m. and every court day thereafter at

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the same time and place through February 8, 2012.

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Accordingly,

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IT IS HEREBY 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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#2 of this Court located at 501 “I” Street, Sacramento, CA 95814 on January 30, 2012 at
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9:00 a.m. and every court day thereafter at the same time and place through February 8, 2012
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and to return him to Salinas Valley State Prison upon conclusion of the proceedings or as
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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 21st day of December, 2011.
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