Franks v. Kelso et al

Filing 101

ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 3/1/2022 ORDERING Custodian to produce Tom M. Franks via Zoom video conference at 9:00 a.m. on 4/14/2022 before Magistrate Judge Kendall J. Newman. 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. (cc: IT Dept & KJN) (Henshaw, R)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

TOM M. FRANKS,

No. 2:17-cv-01056-KJM-CKD P

Plaintiff,
v.
J. CLARK KELSO, et al.,
Defendants.

/

ORDER & WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

Tom M. Franks, CDCR # AV-3360, a necessary and material witness in a settlement conference
in this case on April 14, 2022, is confined in the RJ Donovan Correctional Facility (RJD), 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
Magistrate Judge Kendall J. Newman, by Zoom video conference from his place of confinement,
on Thursday, April 14, 2022 at 9:00 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, by Zoom video conference,
to participate in a settlement conference at the time and place above, until completion of
the settlement conference or as ordered by the court. Zoom video conference connection
information will be supplied via separate email.
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 of this order via fax on the Litigation
Office at the RJ Donovan Correctional Facility at [phone] or via email.
4. Any difficulties connecting to the Zoom video conference shall immediately be reported
to Alexandra Waldrop, Courtroom Deputy, at [e-mail].
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
To: Warden, RJD, 480 Alta Road, San Diego, California 92179:
WE COMMAND you to produce the inmate named above to testify before Judge Newman at the
time and place above, by Zoom video conference, 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: March 1, 2022

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE