Penton v. Hubard et al

Filing 133

ORDER and AMENDED WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/9/2018 GRANTING 132 Request an Amended Writ to provide for plaintiff to appear by phone rather than in perons and ORDERING the Custod ian to produce Anthony Penton by telephone from his place of confinement on 8/30/2018 at 10:00 a.m. before Magistrate Judge Edmund F. Brennan. The Courts July 27, 2018 131 writ of habeas corpus ad testificandum is VACATED. 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 amended writ on the Litigation Coordinator at Ironwood State Prison by facsimile. (cc: OTCD and IT Dept; copy of Order and Amended Writ faxed to Litigation Coordinator at Ironwood State Prison and 3 certified copies sent to The Warden, Ironwood State Prison, P.O. Box 2229, Blythe, CA 92226)(Henshaw, R)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

ANTHONY PENTON,

No. 2:11-cv-0518-TLN-KJN P

Plaintiff,
v.
L. JOHNSON, et al.,

ORDER AND AMENDED WRIT OF HABEAS
CORPUS AD TESTIFICANDUM
/

Anthony Penton, inmate #P-73663, a necessary and material witness in a settlement
conference in this case on August 30, 2018, is confined in Ironwood State Prison, in the custody
of the Warden. By an order filed July 27, 2018, the court directed the Warden the produce the
inmate in person at the Settlement Conference. The court is in receipt of plaintiff’s counsel’s
request (ECF No. 132), in which she requests that the writ be amended to provide for plaintiff to
appear by phone rather than in person. That request is GRANTED. Accordingly, in order to
secure this inmate's attendance it is necessary that an Amended Writ of Habeas Corpus ad
Testificandum issue commanding the custodian to produce the inmate before Magistrate Judge
Edmund F. Brennan to appear by telephone from his present place of confinement to the U. S.
District Court, Courtroom No. 8, 501 I Street, Sacramento, California 95814, on on August 30,
2018, at 10:00 a.m.
ACCORDINGLY, IT IS ORDERED that:
1.
2.

The Court’s July 27, 2018 writ of habeas corpus ad testificandum is VACATED;
An amended Writ of Habeas Corpus ad Testificandum issues, under the seal of this
court, commanding the Warden to produce the inmate named above to participate in a
settlement conference by telephone at the time and place above, until completion of
the settlement conference or as ordered by the court.
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 is directed to serve a copy of this order and amended writ on the Litigation
Coordinator at Ironwood State Prison by facsimile.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: The Warden, Ironwood State Prison, P.O. Box 2229, Blythe, CA 92226:
WE COMMAND you to produce the inmate named above to testify before Judge
Brennan at the time and place above, by telephone, until completion of the settlement conference
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: August 9, 2018.