Kirk v. Felker et al

Filing 39

ORDER AND WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 10/27/09 ordering issuance of a writ of habeas corpus ad testificandum; Custodian to produce inmate John Michael Kirk to testify via videoconference on 12/01/09 at 9:00 a.m before the Honorable Gregory G. Hollows. 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 certified copies sent to Warden at High Desert State Prison.)(Plummer, M)

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DANIEL J. BRODERICK, Bar No. #89424 Federal Defender ANN C. McCLINTOCK, Bar No. 141313 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, CA 95814 [phone] Attorneys for Petitioner JOHN MICHAEL KIRK

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN MICHAEL KIRK, Petitioner, v. TOM FELKER, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) No. CIV S-07-2521 GEB GGH P ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM VIA VIDEOCONFERENCING

JOHN MICHAEL KIRK, prisoner number V-58590, a necessary and material witness in proceedings in this case on December 1, 2009, is confined in High Desert State Prison,475-750 Rice Canyon Road, P.O. Box 750, Susanville, CA 96127, in the custody of Acting Warden Mike McDonald, et al.; in order to secure this prisoner's attendance it is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian to produce the prisoner before the Honorable Gregory G. Hollows, to appear by videoconferencing at High Desert State Prison, on December 1, 2009 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 prisoner 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; 2. The custodian is ordered to notify the court of any change in custody of this prisoner and is ordered to provide the new custodian with a copy of this writ; and ///

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM To: Acting Warden Mike McDonald, High Desert State Prison, 475-750 Rice Canyon Road, P.O. Box 750, Susanville, CA 96127: WE COMMAND you to produce the prisoner named above to testify before the United States District Court at the time and place above by videoconferencing, 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 prisoner and have been ordered to provide the new custodian with a copy of this writ. DATED: October 27, 2009 /s/ Gregory G. Hollows ___________________________________ UNITED STATES MAGISTRATE JUDGE

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