Herrera v. Gardner et al

Filing 51

ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 4/15/11 ORDERING that the previous 49 Order and Writ is VACATED; the Warden to produce Armando Herrera, #C-32722, at 10:00 am on April 20, 2011, in Courtroom 24 before 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. (cc: OTCD) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO HERRERA,
Plaintiff,

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vs.

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No. CIV S-10-1744 GEB EFB P

GARDNER, et al.,
ORDER AND WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

Defendants.

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Armando Herrera, inmate # C-32722, a necessary and material witness in a hearing in

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this case, is confined in California Medical Facility, 1600 California Drive, Vacaville, CA,

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95696, in the custody of the Warden. In order to secure this inmate’s attendance a Writ of

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Habeas Corpus ad Testificandum must issue commanding the custodian to produce the inmate

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before Magistrate Judge Edmund F. Brennan.1 Therefore, the inmate shall appear in person at

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the U. S. District Court, Courtroom #24, 501 I Street, Sacramento, California 95814, on

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Wednesday, April 20, at 10 a.m.

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The court previously ordered the inmate to appear by videoconference from California
Medical Facility, but is informed that the institution does not currently have videoconference
capabilities.
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Accordingly, it is hereby ORDERED that:

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1. The court’s previous April 15, 2011 Order and Writ of Habeas Corpus Ad

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Testificandum is vacated.
2. A Writ of Habeas Corpus ad Testificandum shall issue, under the seal of this court,

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commanding the Warden to produce the inmate named above to participate in person at the time

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and place above, until completion of the hearing or as ordered by Judge Edmund F. Brennan; and

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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.

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden, California Medical Facility, 1600 California Drive, Vacaville, CA 95696:
We ORDER you to produce the inmate named above to testify before the undersigned in

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person at the time and place above, until completion of the hearing or as otherwise ordered by

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the court.

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Further, we ORDER you to notify the court of any change in custody of the

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inmate and to provide the new custodian with a copy of this writ.

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Dated: April 15, 2011.

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