Xavier v. Roche et al

Filing 152

AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUEED signed by Magistrate Judge Carolyn K. Delaney on 08/17/17 ORDERING the previous order and writ of habeas corpus ad testificandum 148 is hereby vacated. Custodian is ordered to prod uce Gary R. Xavier on 8/22/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman, Custodian is ordered to notify the court of any changes is custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this writ on the Custodian and Out to Court Desk. (cc: KJN and OTCD)(3 certified copies of writ sent to the Warden, SVSP)(Courtesy copy sent to Lit Coordinator at SVSP by fax at 831-678-5544)(Courtesy copy sent by email to [e-mail]). (Plummer, M) Modified on 8/17/2017 (Plummer, M).

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
GARY R. XAVIER,
Plaintiff,

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

vs.
M. FRENCH, et al.
Defendants.
/

AMENDED ORDER & WRIT OF HABEAS
CORPUS AD TESTIFICANDUM

Gary R. Xavier, inmate # J-20637, a necessary and material witness in proceedings in this
case on August 22, 2017, is confined in Salinas Valley 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, 8th Floor,
Courtroom 25, United States District Courthouse, 501 I Street, Sacramento, California on
August 22, 2017, at 9:00 a.m.
ACCORDINGLY, IT IS ORDERED that:
1. The previous order and writ of habeas corpus ad testificandum (ECF. No.148) is
hereby vacated;
2. 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;
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; and
4. The Clerk of the Court is directed to serve a courtesy copy of this order and writ of
habeas corpus ad testificandum on the Out-To-Court Desk, California State Prison - Sacramento,
P.O. Box 290007, Represa, California 95671.
5. The Clerk of the Court shall send a courtesy copy of this order and writ by fax to the
Litigation Coordinator at Salinas Valley State Prison at 831-678-5544.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: The Warden, Salinas Valley State Prison, P.O Box 1020, Soledad, California, 93960
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: August 17, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE