Pogue v. Dr. Igbanosa et al

Filing 166

ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Leon H. Pogue for a Mediation Session on January 16, 2013 at 9:30 a.m. signed by District Judge G. Murray Snow on 12/26/2012. (Sant Agata, S) (Main Document 166 replaced on 12/26/2012) (Sant Agata, S).

5

ALEXIS COLL-VERY (State Bar No. 212735)
[e-mail]
STEPHEN P. BLAKE (State Bar No. 260069)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

6

Attorneys for Plaintiff L.H. “QIYAM” POGUE

1
2
3
4

7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11

________________________

12

L.H. “QIYAM” POGUE,
Plaintiff,

13
v.
14
DR. IGBINOSA, ET AL.,
15

Defendants
16
17

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 07-CV-1577 GMS
ORDER & WRIT OF HABEAS
CORPUS AD TESTIFICANDUM TO
TRANSPORT LEON H. POGUE,
CDC #E-65357, PLAINTIFF
Judge: Hon. G. Murray Snow
Trial Date: March 19, 2013
Action Filed: February 27, 2008

18
19
20
21
22
23
24
25
26
27
28
ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM
CASE NO. 07-CV-1577 GMS

1

Plaintiff Leon H. Pogue, inmate, CDC# E-65357, is required to attend a mediation session

2

for this case scheduled to take place before Chief Magistrate Judge Sandra M. Snyder on January

3

16, 2013, at 9:30 a.m. Mr. Pogue is confined at California Medical Facility (“CMF”), 1600

4

California Drive, Vacaville, CA 95687, in the custody of the Warden. Mr. Pogue has arrangements

5

at CMF necessary for a prisoner with his disabilities and medical needs, which may be impacted by

6

a lengthy transfer for this mediation session. In order to secure Mr. Pogue’s attendance and

7

minimize the impact on his health, it is necessary that a Writ of Habeas Corpus Ad Testificandum

8

issue as follows, commanding the custodian to produce the inmate for this mediation session.
ACCORDINGLY, IT IS HEREBY ORDERED that:

9

1.

10

A Writ of Habeas Corpus Ad Testificandum issue, under the seal of this Court,

11

commanding the Warden of California Medical Facility, Solano County, and the California

12

Department of Corrections and Rehabilitation to produce inmate Leon H. Pogue, CDC# E-65357,

13

on January 16, 2013, at 9:30 a.m., for proceedings in Courtroom #1, 8th Floor, Robert E. Coyle

14

Courthouse, United States District Court, 2500 Tulare Street, Fresno, California, 93721, on January

15

16, 2013, at 9:30 a.m., until the completion of this proceeding or as ordered by the Court;
2.

16

The custodian transfer Mr. Pogue from his current cell at California Medical Facility

17

as close to the January 16, 2013, mediation date as is feasible, but no earlier than January 11, 2013;

18

and

19
20
21

3.

The custodian notify the Court of any change in the custody of Mr. Pogue and

provide the new custodian with a copy of this writ.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM

22

TO THE WARDEN OF CALIFORNIA MEDICAL FACILITY, SOLANO COUNTY:

23

YOU ARE COMMANDED to produce inmate Leon H. Pogue, CDC# E-65357, on January

24

16, 2013, at 9:30 a.m., for a mediation session in the above-captioned case in Courtroom #1, 8th

25

Floor, Robert E. Coyle Courthouse, United States District Court, 2500 Tulare Street, Fresno,

26

California, 93721, until the completion of this proceeding or as ordered by the Court;

27
28
-1ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM
CASE NO. 07-CV-1577 GMS

1

FURTHER, you have been ordered to transfer Mr. Pogue from his current cell at California

2

Medical Facility as close to the January 16, 2013, mediation start date as is feasible, but no earlier

3

than January 11, 2013 (five days before the mediation date); and

4

FURTHER, you have been ordered to notify the Court of any changes in the custody of Mr.

5

Pogue and to provide the new custodian with a copy of this writ.

6

Dated: December 26, 2012

7
8

__________/s/ G. Murray Snow____________
The Honorable G. Murray Snow
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM
CASE NO. 07-CV-1577 GMS