Franklin v. Bush

Filing 136

ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 10/21/11 ORDERING the custodian to produce Terrence Brownlee #C-20389, to testify in USDC at 9:00 AM on 11/7/2011 in courtroom #6, before Judge J ohn A. Mendez; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian w/ a copy of this writ; the 135 Order and Writ Issued 10/20/11 is QUASHED; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk, HDSP Warden and Litigation Coordinator. (cc: OTCD-SAC)(Yin, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

ROBERT DUANE FRANKLIN,
Plaintiff,

No. CIV S-07-0656 JAM CKD P

vs.
BUTLER, et al.,
Defendants.

ORDER & WRIT OF HABEAS CORPUS
/

AD TESTIFICANDUM

Terrence Brownlee, inmate #C-20389, a necessary and material witness in
proceedings in this case on November 7, 2011, is confined in High Desert 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 in
Court, 14th Floor, Courtroom 6, United States Courthouse, 501 I Street, Sacramento, California
on November 7, 2011, at 9:00 a.m..
ACCORDINGLY, IT IS ORDERED that:
1. 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 in 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; and thereafter to return the inmate to the above institution;
2. 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;
3. The order and writ of habeas corpus ad testificandum issued October 20, 2011
(Docket No. 135) is quashed; and
4. The Clerk of the Court is directed to serve a courtesy copy of this order and
writ of habeas corpus ad testificandum by fax on the Litigation Coordinator at 530-251-5031 and
electronically on the Out-To-Court Desk, California State Prison - Sacramento.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: The Warden of High Desert State Prison, 475-750 Rice Canyon Road, P.O. Box 750,
Susanville, California 96127-0750:
WE COMMAND you to produce the inmate named above to testify before the
United States District Court at the time and place above, and from day to day until completion of
the proceedings or as ordered by the court; and thereafter to return the inmate to the above
institution.
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 21, 2011
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
/kly/fran0656.841(4)