Asberry v. Biter

Filing 298

CORRECTED ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Tony Asberry, CDCR #P-63853 for trial on April 4, 2023 at 8:00 a.m. in Courtroom #4 signed by Magistrate Judge Helena M. Barch-Kuchta on 02/28/2023.(Flores, E)

Case 1:16-cv-01741-JLT-HBK Document 298 Filed 03/01/23 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TONY ASBERRY,

1:16-cv-01741-JLT-HBK- (PC)
Plaintiff,

v.

ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM TO TRANSPORT
TONY ASBERRY, CDCR No. P-638531

C. RELEVANTE, et al,

DATE: 4/4/2023
TIME: 8:00 a.m.

Defendants.
Tony Asberry, inmate, CDCR #P-63853, a necessary and material witness for the
Plaintiff in proceedings in this case on 4/4/2023, is confined at Kern Valley State Prison, 3000
West Cecil Avenue, Delano, CA 93216, in the custody of the Warden. In order to secure this
inmate's attendance, it is necessary that a Writ of Habeas Corpus ad Testificandum issue
commanding the custodian to produce the inmate in Courtroom #4, 7th Floor, United States
Courthouse, 2500 Tulare Street, Fresno, California on 4/4/2023, at 8:00 a.m.
ACCORDINGLY, IT IS ORDERED that:

1. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court,
commanding the Warden to produce the inmate named above and the inmate’s necessary legal
property to testify in United States District Court at the time and place above, and from day to
day until completion of court proceedings or as ordered by the court; and thereafter to return the
inmate to the above institution;

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.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM

To: The Warden of Kern Valley State Prison

1

The Court reissues this Writ of Habeas Corpus ad Testificandum due to a scrivener’s error in the title of
writ issued on February 2. 2023. (Doc. No. 293).

Case 1:16-cv-01741-JLT-HBK Document 298 Filed 03/01/23 Page 2 of 2
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, or as ordered by the court; and thereafter to return the inmate to the above
institution.

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.

Dated:

February 28, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE