McCoy v. Spidle et al

Filing 248

ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Witness Lennell T. Brooks for Trial on 1/30/2012 at 9:00 a.m. signed by Senior Judge Stephen M. McNamee on 1/11/2012. (Sant Agata, S)

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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.

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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
(BROOKS #C68326)

Before the Court is Plaintiff’s Application for Writ of Habeas Corpus Ad
Testificandum. (Doc. 246.) Lennell T. Brooks (Inmate # C68326), a necessary and material
witness in the proceedings in this case, is confined in California State Prison–Sacramento
located at Prison Road, Represa, CA 95671 in the custody of Warden Tim Virga. In order
to secure his attendance at trial it is necessary to issue a Writ of Habeas Corpus Ad
Testificandum commanding the custodian to produce the inmate.
Accordingly,
IT IS HEREBY ORDERED GRANTING Plaintiff’s Application for Writ of Habeas
Corpus Ad Testificandum. (Doc. 246.)
IT IS FURTHER ORDERED that:
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A Writ of Habeas Corpus Ad Testificandum shall issue under the seal of the Court
commanding Warden Tim Virga to produce Lennell T. Brooks (Inmate # C68326)
in Courtroom #2 of this Court located at 501 “I” Street, Sacramento, CA 95814
on January 30, 2012 at 9:00 AM, and other days thereafter as may be directed by

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the Court, for the trial of this case and to return him to California State

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Prison–Sacramento upon conclusion of the proceedings or as otherwise further

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ordered 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 Writ;

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and

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3.

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

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to the Litigation Coordinator at California State Prison–Sacramento, P.O. Box

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290002, Represa, CA 95671.

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden Tim Virga
California State Prison–Sacramento
P.O. Box 290002
Represa, CA 95671

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You are commanded to produce Lennell T. Brooks (Inmate # C68326) in Courtroom
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#2 of this Court located at 501 “I” Street, Sacramento, CA 95814 on January 30, 2012 at 9:00
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AM, and other days thereafter as may be directed by the Court, and to return him to
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California State Prison–Sacramento upon conclusion of the proceedings or as otherwise
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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 11th day of January, 2012.
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