Cruz v. Michaels et al

Filing 73

ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED and signed by Magistrate Judge Edmund F. Brennan on 5/1/2013 VACATING the 4/5/13 Writ of Habeas Corpus ad Testificandum 67 ; and ORDERING the Custodian to produce Daniel Isadore Cruz at 9:0 0 am on June 10, 2013 in Courtroom 25 before Judge Kendall 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 order and writ on the RJD Warden and Out-to-Court Desk. (cc: OTCD, KJN) (Yin, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

DANIEL CRUZ,
Plaintiff,

No. 2:10-cv-1162 KJM EFB P

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

Defendants.
/

Daniel Isadore Cruz, CDCR # K-54445, a necessary and material witness in a
settlement conference in this case on June 10, 2013, is confined in Richard J. Donovan
Correctional Facility (RJD), 480 Alta Road San Diego, California 92179, 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 at the U. S. District Court, Courtroom #25, 501 I Street, Sacramento,
California 95814, on Monday, June 10, 2013 at 9:00 a.m.
ACCORDINGLY, IT IS ORDERED that:
1. The Writ of Habeas Corpus ad Testificandum issued on April 5, 2013 (Dckt.
No. 67) is vacated.1
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
ordered by Judge Kendall J. Newman; 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.
4. The Clerk of the Court is directed to serve a copy of this order on the
Litigation Office at RJD via facsimile at [phone].
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden, RJD, 480 Alta Road, San Diego, California 92179:
WE COMMAND you to produce the inmate named above to testify before Judge
Newman at the time and place above, until completion of the settlement conference or as ordered
by Judge Newman.
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 1, 2013.

1

That writ incorrectly identified plaintiff as “David” not Daniel Cruz.