Ellis v. Albonico, et al

Filing 136

ORDER AND WRIT ISSUED signed by Judge Craig M. Kellison on October 19, 2009 ORDERING issuance of writ of habeas corpus ad testificandum; Custodian is to produce via videoconferencing inmate Benjamin Ellis before the Honorable Dale A. Drozd on 10/29/0 9 at 10:00 a.m. 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. Clerk shall serve a courtesy copy of this order on the Prison Litigation Coordinator by fax at 831-678-5544. (3 certified copies of writ sent to Warden at Salinas Valley State Prison, 1 copy to Sacramento I.T. Dept, Courtesy copy sent by fax to SVSP Lit coordinator 831-678-5544) (Plummer, M)

UNITED STATES DISTRICT COURT
E A S T E R N DISTRICT OF CALIFORNIA

BENJAMIN ELLIS, Plaintiff, vs. ALBONICO, et al., Defendants. / ORDER & WRIT OF HABEAS CORPUS
A D TESTIFICANDUM

No. CIV S-04-1483 LKK CMK P

Benjamin Ellis, inmate # P-16230, a necessary and material witness in proceedings in this case on October 29, 2009, is confined in Salinas Valley 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 before the Honorable Dale A. Drozd, to appear by video-conferencing at Salinas Valley State Prison, October 29, 2009, at 10:00 a.m. ACCORDINGLY, IT IS ORDERED that: 1. Plaintiff's October 14, 2009, motion (Doc. 135) for order or writ for inmate to appear by video conferencing is granted; 2. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court, commanding the Warden to produce the inmate named above to testify by videoconferencing before the 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; 3. 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; and 4. The clerk to serve a courtesy copy of this order on the Prison Litigation Coordinator by fax, 831-678-5544. WRIT OF HABEAS CORPUS AD TESTIFICANDUM To: Warden, Anthony Hedgpeth, Salinas Valley State Prison, PO Box 1020, Soledad, CA 93960-1020: WE COMMAND you to produce the inmate named above to testify before the United States District Court at the time and place above by video-conferencing, and from day to day until completion of the proceedings 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.

DATED: October 19, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE