Garcia v. Garcia, et al.

Filing 59

ORDER & WRIT of Habeas Corpus Ad Testificandum signed by Magistrate Judge Barbara A. McAuliffe on 9/27/2021 to transport Plaintiff, Marco A. Garcia, CDCR No. BF-8082 on 11/1/2021 at 8:30 a.m. for a jury trial in Courtroom No. 8 before Magistrate Judge Barbara A. McAuliffe. (Lundstrom, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MARCO A. GARCIA,
Plaintiff,
v.
GARCIA, et al.,

Defendants.

1:17-cv-01313-BAM (PC)
ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM TO TRANSPORT
PLAINTIFF MARCO A. GARCIA, CDCR
#BF-8082
DATE: November 1, 2021
TIME: 8:30 a.m.

MARCO A. GARCIA, inmate, CDCR #BF-8082, a necessary and material witness on
his own behalf in proceedings in this case on November 1, 2021, is confined at Pelican Bay State
Prison 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 to appear in person in Courtroom #8, 6th Floor, United States Courthouse, 2500 Tulare
Street, Fresno, California on November 1, 2021, at 8:30 a.m. for a jury trial in this matter.
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, along with any necessary legal
property, to appear in person before the United States District Court at the time and place
above, and from day to day until the 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.
3. The custodian is ordered to notify the court immediately if the inmate cannot be
physically transported due to restrictions related to COVID-19.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: The Warden of Pelican Bay State Prison
WE COMMAND you to produce the inmate named above, along with any necessary
legal property, to appear in person to testify before the United States District Court, at the time
and place above, and from day to day until competition of court 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, and to
notify the court immediately if the inmate cannot be physically transported due to
restrictions related to COVID-19.
IT IS SO ORDERED.
Dated: September 27, 2021

/s/ Barbara A. McAuliffe

UNITED STATES MAGISTRATE JUDGE