Chappell v. McCargar, et al

Filing 160

ORDER signed by Judge Garland E. Burrell, Jr on 7/8/10. Plaintiff must obtain a new writ for the inmate's video appearance from the Magistrate Judge and make appropriate arrangements with Pelican Bay State Prison, should Plaintiff elect to produce the inmate by way of video appearance re: Order and Writ of Habeas Corpus Ad Testificandum 153 .(Mena-Sanchez, L)

(PC) Chappell v. McCargar, et al

Doc. 160

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. D. MCCARGAR, D. HOFFMAN, M. MARTEL, C. PLILER, and D. HAMAD, Defendants. ________________________________ REX CHAPPELL, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) 2:02-cv-02299-GEB-KJM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

The undersigned judge was notified just before 10:00 a.m. on July 8, 2010, that Pelican Bay State Prison officials cannot comply with the Order & Writ of Habeas Corpus Ad Testificandum to produce inmate Eddie Young (Docket No. 153) unless they institute a cell extraction procedure because the inmate refuses to leave his cell to attend the trial. A prison official explained that a cell extraction involves a risk of injury to the inmate and could result in the inmate be unable to attend trial or attend trial with an injury. Under the circumstances, the previously issued Order & Writ of Habeas Corpus Ad Testificandum cannot be executed since enforcing it would require the inmate's

forcible extraction from his cell. The prison official indicated that the inmate's video

appearance may be possible if timely notice is given concerning when the inmate's appearance is necessary. Should Plaintiff elect to produce the inmate by way of video appearance, Plaintiff must obtain a new writ for 1
Dockets.Justia.com

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the

inmate's

video

appearance

from

the

Magistrate

Judge

and

make

appropriate arrangements with Pelican Bay State Prison through its Litigation Department at [phone] or [phone]. IT IS SO ORDERED. Dated: July 8, 2010

GARLAND E. BURRELL, JR. United States District Judge

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