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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1 2 3 4 5 6 7 Edward P. Sangster (SBN 121041) ed.sangster@klgates.com Peter E. Soskin (SBN 280347) peter.soskin@klgates.com K&L GATES LLP Four Embarcadero Center, Suite 1200 San Francisco CA 94111 Telephone: +1 415 882 8200 Facsimile: +1 415 882 8220 Attorneys for Plaintiff JEREMY JONES 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 JEREMY JONES, 12 Case No. Plaintiff, 13 vs. 14 BALLESTEROS, et al., 15 Defendants. 16 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 17 18 Jeremy Jones, inmate No. T42054, the Plaintiff and a necessary and material witness in 19 proceedings in this case on September 12, 2016, is confined in the Substance Abuse Treatment 20 Facility and State Prison, Corcoran, California, in the custody of the Warden; in order to secure this 21 inmate’s attendance at the trial in this case, it is necessary that a Writ of Habeas Corpus Ad 22 Testificandum issue commanding the custodian to produce the inmate in Court, 15th Floor, 23 Courtroom 3, United States District Courthouse, 501 I Street, Sacramento, California on September 24 12, 2016. 25 ACCORDINGLY, IT IS HEREBY ORDERED that: 26 1. 27 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 28 1 [PROPOSED] ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM FOR JEREMY JONES - 2:10-CV-2661-KJM-EFB P 1 Court at the time and place above, and from day to day until completion of court proceedings or as 2 ordered by the court; and thereafter return the inmate to the above institution; 2. 3 4 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. 5 The Clerk of the Court is directed to serve a courtesy copy of this Order and Writ of 6 Habeas Corpus Ad Testificandum on the Out-To-Court Desk, California State Prison - Sacramento, 7 P.O. Box 290007, Represa, California 95671 8 9 10 WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO: Warden, Substance Abuse Treatment Facility and State Prison, Corcoran, P.O. Box 7100, Corcoran, CA 93212 11 GREETINGS 12 WE COMMAND that you have and produce the body of JEREMY JONES in your custody in 13 the hereinabove-mentioned institution, before the United States District Court at 501 I Street, 14 Sacramento, California, Courtroom 3, 15th Floor, at 9:00 a.m. on September 12, 2016 and continuing 15 each day thereafter as is necessary, in order that said prisoner may then and there participate in the 16 TRIAL in the matter of JEREMY JONES v. BALLESTEROS et al., Case No. 2:10-CV-2661-KJM- 17 EFB P (E.D. Cal.), and at the termination of said proceedings return him forthwith to said 18 hereinabove-mentioned institution, or abide by such order of the above-entitled Court as shall 19 thereafter be made concerning the custody of said prisoner, and further to produce said prisoner at all 20 times necessary until the termination of the proceedings for which his testimony is required in this 21 Court; 22 FURTHER, you have been ordered to notify the court of any change in custody of the inmate 23 and have been ordered to provide the new custodian with a copy of this writ. 24 DATED: August 16, 2016. 25 26 27 28 2 [PROPOSED] ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM FOR JEREMY JONES - 2:10-CV-2661-KJM-EFB P

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