Jones v. Ballesteros et al

Filing 115

AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 08/16/16. The original writ of habeas corpus ad testificandum 113 is hereby vacated. ordering the Custodian to produce Jeremy Jones on 9 /12/16 at 9:00 a.m. in courtroom 3 before District Judge Kimberly J. Mueller. 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)(3 certified copies sent to the Warden, California Substance Abuse Treatment Facility and State Prison, Corcoran)(Plummer, M)

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Edward P. Sangster (SBN 121041)
[e-mail]
Peter E. Soskin (SBN 280347)
[e-mail]
K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JEREMY JONES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JEREMY JONES,

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Case No.
Plaintiff,

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vs.

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BALLESTEROS, et al.,

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Defendants.

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2:10-cv-2661-KJM-EFB P

[PROPOSED] ORDER AND WRIT OF
HABEAS CORPUS AD TESTIFICANDUM
FOR JEREMY JONES
Trial Date:
Time:
Judge:
Courtroom:

September 12, 2016
9:00 a.m.
Hon. Kimberly J. Mueller
3, 15th Floor

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Jeremy Jones, inmate No. T42054, the Plaintiff and a necessary and material witness in

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proceedings in this case on September 12, 2016, is confined in the Substance Abuse Treatment

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Facility and State Prison, Corcoran, California, in the custody of the Warden; in order to secure this

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inmate’s attendance at the trial in this case, it is necessary that a Writ of Habeas Corpus Ad

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Testificandum issue commanding the custodian to produce the inmate in Court, 15th Floor,

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Courtroom 3, United States District Courthouse, 501 I Street, Sacramento, California on September

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12, 2016.

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ACCORDINGLY, IT IS HEREBY ORDERED that:

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1.

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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 the United States District

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[PROPOSED] ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM FOR
JEREMY JONES - 2:10-CV-2661-KJM-EFB P

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Court at the time and place above, and from day to day until completion of court proceedings or as

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ordered by the court; and thereafter return the inmate to the above institution;
2.

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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
3.

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The Clerk of the Court is directed to serve a courtesy copy of this Order and Writ of

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Habeas Corpus Ad Testificandum on the Out-To-Court Desk, California State Prison - Sacramento,

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P.O. Box 290007, Represa, California 95671

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM
TO:

Warden, Substance Abuse Treatment Facility and State Prison, Corcoran, P.O. Box 7100,

Corcoran, CA 93212

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GREETINGS

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WE COMMAND that you have and produce the body of JEREMY JONES in your custody in

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the hereinabove-mentioned institution, before the United States District Court at 501 I Street,

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Sacramento, California, Courtroom 3, 15th Floor, at 9:00 a.m. on September 12, 2016 and continuing

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each day thereafter as is necessary, in order that said prisoner may then and there participate in the

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TRIAL in the matter of JEREMY JONES v. BALLESTEROS et al., Case No. 2:10-CV-2661-KJM-

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EFB P (E.D. Cal.), and at the termination of said proceedings return him forthwith to said

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hereinabove-mentioned institution, or abide by such order of the above-entitled Court as shall

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thereafter be made concerning the custody of said prisoner, and further to produce said prisoner at all

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times necessary until the termination of the proceedings for which his testimony is required in this

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Court;

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FURTHER, you have been ordered to notify the court of any change in custody of the inmate

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and have been ordered to provide the new custodian with a copy of this writ.

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DATED: August 16, 2016.

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[PROPOSED] ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM FOR
JEREMY JONES - 2:10-CV-2661-KJM-EFB P