Heilman v. Cherniss et al

Filing 171

ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/19/2015 ORDERING the custodian to produce Oliver Anthony Overton #D-66741, to testify in USDC at 8:30 A.M. on 3/30/2015, in courtroom #6, befor e Judge John A. Mendez; 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; the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and the CMF Litigation Coordinator via fax; and the previous writ issued on 2/6/2015 is VACATED. (cc: OTCD)(Yin, K) Modified on 3/19/2015 (Yin, K).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THOMAS JOHN HEILMAN,

No. 2:11-cv-0042-JAM-EFB P

Plaintiff,
v.
C. CHERNISS, et al.,
ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

Defendants.
/

Oliver Anthony Overton, CDCR # D-66741, a necessary and material witness in a trial in
this case which is now set on March 30, 2015, is confined in the California Medical Facility, 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 Judge John A. Mendez at the U.S. District Court, Courtroom No. 6, 14th Floor, 501 I
Street, Sacramento, California 95814, on Monday, March 30, 2015 at 8:30 a.m.
ACCORDINGLY, IT IS ORDERED that:
1. 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 trial at
the time and place above, until completion of the trial or as ordered by the court.
2. 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.
3. The Clerk of the Court is directed to serve a courtesy copy of this order and writ of
habeas corpus ad testificandum on the Out-To-Court Desk.
4. The Clerk of the Court is directed to serve a courtesy copy of this order and writ of
habeas corpus ad testificandum on the California Medical Facility Litigation Coordinator
via facsimile.
5. The court’s previous writ issued on February 6, 2015 is vacated.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden, California Medical Facility, 1600 California Dr., Vacaville, CA, 95696:
WE COMMAND you to produce the inmate named above to testify before Judge Mendez at the
time and place above, until completion of the proceedings or as ordered by the court.
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: March 19, 2015.