Bills v. Clark

Filing 102

ORDER signed by Magistrate Judge Gregory G. Hollows on 04/05/12 ordering inmate Rhodes' motion filed on 04/02/12 99 and petitioner's request for reconsideration for inmate Rhodes to appear at the evidentiary hearing from CSATF via closed circuit TV also filed on 04/02/12 100 must be denied. The writ for in-person appearance of inmate Troy Anthony Rhodes filed on 03/20/12 remains in effect. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMY LEE BILLS,

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Petitioner,

No. CIV S-06-2223 MCE GGH P

vs.
KEN CLARK, et al.,
Respondents.

ORDER
/

On March 20, 2012, a writ of habeas corpus ad testificandum issued to secure

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inmate Troy Rhodes’ appearance at the evidentiary hearing on behalf of petitioner in this matter

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set for April 18, 2012, before the undersigned. In the writ, it was noted that as the Corcoran

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facility (California Substance Abuse and Treatment Facility), by the court’s understanding, did

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not have video conferencing capability, Mr. Rhodes’ attendance would have to be in person. See

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docket # 96, n. 1. Subsequently, notwithstanding the court’s notation, both Inmate Rhodes (who

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maintains that in the past, appearance via closed circuit TV has been available at the facility) and

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petitioner’s counsel have sought reconsideration to have the writ altered to require the inmate

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witness’s appearance by closed circuit television.

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It would be the preference of the court to meet the convenience of the inmate and
the wishes of petitioner’s counsel in particular because of the potential savings to taxpaying
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citizens if Inmate Rhodes’ testimony could be presented without requiring his in-person

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appearance. However, this court has had court staff inquire of CSATF and staff has been

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informed that the video equipment is broken and in need of repair which the facility’s budget

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apparently does not currently allow. Therefore, the court repeats that Rhodes’ video appearance

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is not possible and the question is out of the hands of the court.

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Accordingly, IT IS ORDERED that:

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1. Inmate Rhodes’ motion, filed on April 2, 2012 (docket # 99), and petitioner’s

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request for reconsideration for Inmate Rhodes to appear at the evidentiary hearing from CSATF

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via closed circuit TV, also filed on April 2, 2012 (docket # 100), must be denied;

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2. The writ for the in-person appearance of inmate Troy Anthony Rhodes, filed
on March 20, 2012, remains in effect; and

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3. Should petitioner’s counsel seek to have the writ withdrawn or vacated

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altogether, the court must be so informed forthwith.

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DATED: April 5, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:009
bill2223.ord8

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