Warner v. Cate et al

Filing 76

ORDER: 1) Vacating Writ Of Habeas Corpus Ad Testificandum To Transport Plaintiff On August 14, 2015 (ECF No. 67 ), 2) Issuing Writ Of Habeas Corpus Ad Testificandum To Transport Plaintiff On September 4, 2015, signed by Magistrate Judge Michael J. Seng on 8/10/2015. ( Evidentiary Hearing set for 9/4/2015 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng.) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL WARNER,

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Plaintiff,
v.
MATTHEW L. CATE, et al.,
Defendants.

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CASE NO. 1:12-cv-1146-LJO-MJS (PC)
ORDER:
1) VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM TO
TRANSPORT PLAINTIFF ON
AUGUST 14, 2015 (ECF No. 67)
2) ISSUING WRIT OF HABEAS CORPUS
AD TESTIFICANDUM TO
TRANSPORT PLAINTIFF ON
SEPTEMBER 4, 2015

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DATE: September 4, 2015
TIME: 10:00 a.m.
COURTROOM: 6 (MJS)

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The Court has moved the evidentiary hearing in this case from August 14,

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2015 to September 4, 2015, at 10:00 a.m. Plaintiff's presence at the Court is no

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longer required on August 14, 2015, however he is required to be present on

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September 4, 2015.

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The Court vacates the writ of habeas corpus ad testificandum requiring
Plaintiff’s presence at the Court for the August 14 hearing. (ECF No. 67).

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In addition, the Court orders that a writ of habeas corpus be issued to transport

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Plaintiff Earl Warner to the rescheduled evidentiary hearing on September 4, 2015.

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Inmate Earl Warner, CDCR # E-32637, a necessary and material witness on his own

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behalf in the proceedings in this case on September 4, 2015, is confined at California

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Men’s Colony in the custody of the Warden.

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attendance, it is necessary that a writ of habeas corpus ad testificandum issue

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commanding the custodian to produce the inmate before United States Magistrate

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Judge Michael J. Seng at the U.S. District Court, Courtroom #6, 2500 Tulare Street,

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Fresno, California 93721, on Friday, September 4, 2015 at 10:00 a.m.

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In order to secure this inmate's

ACCORDINGLY, IT IS ORDERED that:
1. The writ of habeas corpus ad testificandum issued June 10, 2015 for Earl Warner
appearance on August 14, 2015 (ECF No. 67) is VACATED; and

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2. A writ of habeas corpus ad testificandum shall issue, under the seal of this court,

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commanding the Warden to produce the inmate named above to participate in

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the proceedings at the U.S. District Court, Courtroom #6, 2500 Tulare Street,

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Fresno, California 93721, on Friday, September 4, 2015 at 10:00 a.m., until

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completion of the proceedings or as ordered by Judge Seng.

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3. The custodian is ordered to notify the court of any change in custody of this
inmate and is ordered to provide the new custodian with a copy of this writ.

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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To the Warden of California Men’s Colony:

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WE COMMAND you to produce the inmate named above to appear before

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Judge Seng at the time and place above, until completion of the proceedings or as

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ordered by Judge Seng.

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FURTHER, you have been ordered to notify the court of any change in custody

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of the inmate and have been ordered to provide the new custodian with a copy of this

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writ.

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IT IS SO ORDERED.
Dated:

August 10, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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