Burgos v. Cate et al

Filing 61

ORDER VACATING PRIOR WRIT AND ISSUING AMENDED WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Edmund F. Brennan on 05/09/13 ORDERING the Writ of Habeas Corpus Ad Testificandum issued on May 1, 2013 59 is vacated. The Custodian i s to produce Richard Manuel Burgos on 06/04/13 at 10:00 a.m. in courtroom 8 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 and Out-to-Court Desk. (cc: OTCD and EFB)(Plummer, M)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
RICHARD MANUEL BURGOS,
Plaintiff,

No. 2:09-cv-3276-MCE-CMK-P

vs.
MATTHEW L. CATE, et al.,

ORDER VACATING PRIOR WRIT AND
ISSUING AMENDED WRIT OF HABEAS
CORPUS AD TESTIFICANDUM

Defendants.
/

Richard Manuel Burgos, CDCR # E-63408, a necessary and material witness in a
settlement conference in this case on June 4, 2013, is confined in California State Prison,
Solano (SOL), 2100 Peabody Road, Vacaville, California 95696, 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 the undersigned at
the U. S. District Court, Courtroom #8, 501 I Street, Sacramento, California 95814, on Tuesday,
June 4, 2013 at 10:00 a.m.
ACCORDINGLY, IT IS ORDERED that:
1. The Writ of Habeas Corpus ad Testificandum issued on May 1, 2013, Dckt. No. 59, is
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 participate in a settlement
conference at the time and place above, until completion of the settlement conference or as
otherwise ordered; and
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, SOL, P.O. Box 4000, Vacaville, California 95696:
WE COMMAND you to produce the inmate named above to testify at the time and
place above, until completion of the settlement conference or as otherwise ordered.
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: May 9, 2013