Roberts v. Ayers, et al

Filing 494

ORDER signed by Magistrate Judge Dale A. Drozd on 1/09/14 ordering that petitioner's 1/03/14 application for writ of habeas corpus ad testificandum 490 is denied. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY ROBERTS,

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Petitioner,

No. 2:93-cv-0254 TLN DAD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

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On Friday, January 3, 2014, petitioner filed an application for a writ of habeas corpus ad

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testificandum to permit him to attend the evidentiary hearing in this action set to begin Monday,

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January 13, 2014. The court looks to the a number of factors, including the following, when

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considering whether to order the transfer of a prisoner for a court proceeding: “whether the

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prisoner’s presence will substantially further resolution of the case, the security risks presented by

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the prisoner’s presence, [and] the expense of the prisoner’s transportation and safekeeping.”

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Ballard v. Spradley, 557 F.2d 476, 480 (5th Cir. 1977) (cited in Wiggins v. Alameda County, 717

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F.2d 466, 468 n.1 (9th Cir. 1983)). See also Scruggs v. Vance, No. 2:06-cv-0633 KJN P, 2012

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WL 2050426 (E.D. Cal. June 6, 2012). Mr. Roberts is not scheduled to testify at the evidentiary

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hearing in this action and has not established, nor presented any evidence suggesting, that his

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presence is so important that it justifies a last-minute order for his transfer to this court for

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attendance at the evidentiary hearing.
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Accordingly, IT IS HEREBY ORDERED that petitioner’s January 3, 2014 Application

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for Writ of Habeas Corpus Ad Testificandum (ECF No. 490) is DENIED.

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Dated: January 9, 2014

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roberts ad test.or

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