Miller v. Woodford et al

Filing 171

ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 09/12/11 ordering the court's 08/31/11 order and writ which commanded the custodian to produce the inmate on 09/14/11 is herebye VACATED. The custodian is to produce Gerald Miller via video conferencing at 10:00 a.m. on 09/28/11 in courtroom 24 before Magistrate Judge Edmund F. Brennan. 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. (cc: I.T. Dept and OTCD)(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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GERALD L. MILLER,

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Plaintiff,

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No. CIV S-07-1646 LKK EFB P

vs.
SEGERSTROM, et al.,
ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

Defendants.
/

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Gerald Miller, inmate # C-92075, a necessary and material witness in a hearing in this

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case, is confined in Calipatria State Prison, PO Box 5006, Calipatria, CA, 92233, in the custody

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of the Warden. In order to secure this inmate’s attendance a Writ of Habeas Corpus ad

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Testificandum must issue commanding the custodian to produce the inmate before Magistrate

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Judge Edmund F. Brennan. Therefore, the inmate shall appear by videoconference, or, only if

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videoconferencing equipment is not available, by telephone, from his institution at the U. S.

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District Court, Courtroom #24, 501 I Street, Sacramento, California 95814, on Wednesday,

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September 28, 2011 at 10 a.m.

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Accordingly, it is hereby ORDERED that:

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1. The court’s August 31, 2011 order and writ, which commanded the custodian to

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produce the inmate on September 14, 2011, is hereby vacated.

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2. A Writ of Habeas Corpus ad Testificandum shall issue, under the seal of this court,

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commanding the Warden to produce the inmate named above to participate by videoconference,

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or, only if videoconfercing equipment is not available, by telephone, at the time and place above,

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until completion of the hearing or as ordered by Judge Edmund F. Brennan; and

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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.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden, Calipatria State Prison, PO Box 5006, Calipatria, CA, 92233:
You are ORDERED to produce the inmate named above to testify before the undersigned

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by videoconference, or, only if videoconfercing equipment is not available, by telephone, at the

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time and place above, until completion of the hearing or as otherwise ordered by the court.

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Further, you are ORDERED to notify the court of any change in custody of the

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inmate and to provide the new custodian with a copy of this writ.

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Dated: September 12, 2011.

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