Asberry v. Biter

Filing 219

AMENDED ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Tony Asberry, P-63853 on July 26, 2021 at 10:00a.m., signed by Magistrate Judge Helena M. Barch-Kuchta on 06/15/2021.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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Plaintiff,
v.

Case No. 1:16-cv-01741-NONE-HBK
AMENDED ORDER & WRIT OF HABEAS
CORPUS AD TESTIFICANDUM TO
TRANSPORT TONY ASBERRY, P-63853

C. RELEVANTE, et al.,

DATE: July 26, 2021
TIME: 10:00 a.m.

Defendants.

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Plaintiff Tony Asberry, inmate no. P-63853, is a necessary and material witness needed to

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participate in a Zoom settlement conference occurring in this case on July 26, 2021. Plaintiff is

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confined at Kern Valley State Prison (5104) and is in the custody of the Warden. In order to

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secure this inmate's attendance, it is necessary that a Writ of Habeas Corpus ad Testificandum

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issue commanding the custodian to produce the inmate for the Zoom video conference occurring

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on July 26, 2021 at 10:00 a.m. before the undersigned United States Magistrate Judge. This writ

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supplants the earlier writ compelling Plaintiff’s attendance on June 18, 2021. (Doc. No. 214).

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ACCORDINGLY, IT IS ORDERED:

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1. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court,

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commanding the Warden to produce the inmate named above to testify in United States District

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Court at the time and place above, and from day to day until completion of court proceedings or

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as ordered by the court;
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2. 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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3. Defense counsel will provide the Litigation Office at Kern Valley State Prison the
undersigned’s Zoom video conference connection information.

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4. The Clerk of the Court is directed to serve a copy of this order to the Litigation
Coordinator at the Kern Valley State Prison and confirm same on the docket.

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5. Any difficulties concerning Zoom video conference, or connecting to the Zoom video
conference, shall immediately be reported to Kirstie Dunbar-Kari, Courtroom Deputy, at
[e-mail].

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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To: The Warden OR Sheriff of Kern Valley State Prison

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WE COMMAND you to produce the inmate named above to testify before the United
States District Court at the time and place above, and from day to day until completion of the
proceedings held on the Zoom videoconference, or as ordered by the court;
FURTHER, you have been ordered to notify the court of any change in custody of the
inmate and have been ordered to provide the new custodian with a copy of this writ.

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IT IS SO ORDERED.

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Dated:

June 15, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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