Smith v. Albee et al
Filing
40
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 9/20/2018 ORDERING the custodian to produce Michael Lenoir Smith P-64019, to testify on 12/12/2018 at 1:30 p.m., before Magistrate Judge Kendall J. Newman, to appear by video-conferencing at MCSP; 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 the Clerk to serve a copy of this order and writ on the Warden and by fax on the Litigation Coordinator. (cc: I.T. Dept.) (Yin, K)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MICHAEL LENOIR SMITH,
Plaintiff,
No. 2:15-cv-1598 JAM KJN P
vs.
DARREN ALBEE, et al.,
Defendants.
/
ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM
Michael Lenoir Smith, inmate P-64019, a necessary and material witness in proceedings
in this case on December 12, 2018, is confined in Mule Creek State Prison, 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 the Honorable
Magistrate Judge Kendall J. Newman, to appear by video-conferencing at Mule Creek State
Prison on December 12, 2018 at 1:30 PM.
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 testify by video-conferencing
before the United States District Court at the time and place above, and from day to day until
completion of court proceedings 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 copy by fax on the Litigation Coordinator
at Mule Creek State Prison, (209) 274-5018; and
4. Counsel for defendant, the assigned Deputy Attorney General, shall confirm with the
prison no less than two days prior to the settlement conference that the prison’s video-conference
equipment will connect to the court’s system. Any difficulties shall immediately be reported to
Alexandra Waldrop, Courtroom Deputy, at (916) 930-4187.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: The Warden, Mule Creek State Prison, PO Box 409099, Ione, CA 95640:
WE COMMAND you to produce the inmate named above to testify before the United
States District Court at the time and place above by video-conferencing, and from day to day
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: September 20, 2018
smit1598.841.vc.kjn
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