Xavier v. Roche et al

Filing 148

ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 06/15/17 ordering the Custodian to produce Gary R. Xavier by videoconference on 08/22/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Ken dall J. Newman. 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 writ on the Custodian. (cc: KJN and I.T. Dept, Sacramento)(Plummer, M) Modified on 6/15/2017 (Plummer, M).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

GARY R. XAVIER,

No. 2:09-cv-0783 KJM CKD P

Plaintiff,
v.
M. FRENCH, et al.,
ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

Defendants.
/

Gary R. Xavier, CDCR # J-20637, a necessary and material witness in a settlement conference in
this case on August 22, 2017, is confined in Salinas Valley State Prison (SVSP), 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
Magistrate Judge Kendall J. Newman, by video conference from his present place of
confinement, to the U. S. District Court, Courtroom #25, 501 I Street, Sacramento, California
95814, on Tuesday, August 22, 2017 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, by video conference, to
participate in a settlement conference at the time and place above, until completion of the
settlement conference or as ordered by the court.
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.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden, SVSP, P.O. Box 1020, Soledad, California 93960:
WE COMMAND you to produce the inmate named above to testify before Judge Newman at
the time and place above, by video conference, until completion of the settlement conference 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: June 15, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE