McNeal v. Evert, et al

Filing 246

AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/12/16 ORDERING that the January 7, 2016 writ of habeas corpus issued for Vernon McNeal, CDCR # V41094, is VACATED; ORDERING the Custod ian to produce Vernon Wayne McNeal #P34419 at 9:00 am on 2/23/16 in Courtroom 10 before Judge Garland E. Burrell, Jr.. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the High Desert State Prison litigation coordinator via facsimile. (cc: OTCD)(Dillon, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

VERNON WAYNE MCNEAL,
Plaintiff,

No. 2:05-cv-0441-GEB-EFB P

v.
EVERT, et al.,
Defendants.
/

ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

Vernon Wayne McNeal, CDCR #P34419, a necessary and material witness in a trial in
this case on February 23, 2016, is confined in Calipatria 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 Judge Garland
E. Burrell, Jr. at the U.S. District Court, Courtroom No. 10, 13th Floor, 501 I Street, Sacramento,
California 95814, on Tuesday, February 23, 2016, at 9:00 a.m.
ACCORDINGLY, IT IS ORDERED that:
1. The January 7, 2016 writ of habeas corpus issued for Vernon McNeal, CDCR # V41094,
is VACATED.
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 participate in a trial at
the time and place above, until completion of the trial 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.
4. The Clerk of the Court is directed to serve a courtesy copy of this order and writ of
habeas corpus ad testificandum on the Out-To-Court Desk.
5. The Clerk of the Court is directed to serve a courtesy copy of this order and writ of
habeas corpus ad testificandum on the High Desert State Prison litigation coordinator via
facsimile.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden, Calipatria State Prison, P.O. Box 5001, Calipatria, CA 92233-5001:
WE COMMAND you to produce the inmate named above to testify before Judge Burrell at the
time and place above, 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: January 12, 2016