Godoy v. Wadsworth et al

Filing 281

ORDER Regarding Writs of Habeas Corpus Ad Testificandum. Signed by Judge Vadas on 1/5/2010. (Attachments: # 1 Gonzalez Writ, # 2 Patino Writ, # 3 S. Rodriguez Writ, # 4 Zendejas Writ)(cmw, COURT STAFF) (Filed on 1/5/2010)

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1 2 3 4 5 6 7 8 9 10 v. T. WADSWORTH et al., Defendant(s). ___________________________________/ The Court is in receipt of Plaintiff's application for withdrawal of the writ of habeas corpus ad testificandum relating to Inmate McSherry (Docket Item No. 273) and Defendants' opposition thereto (Docket Item No. 274), as well as Plaintiff's four applications for writs that were filed on December 30, 2009 (Docket Item Nos. 276-279) and Defendants' opposition thereto (Docket Item No. 280). Having reviewed these documents, the Court ORDERS as follows: (1) Plaintiff's application for withdrawal of the writ of habeas corpus ad testificandum relating to Inmate McSherry (Docket Item No. 273) is GRANTED, and Defendants' opposition thereto (Docket Item No. 274) is DENIED; (2) Defendants are to notify Pelican Bay State Prison that Inmate McSherry is no longer required to be transported to court for the trial of this matter; (3) Plaintiff's four applications for writs that were filed on December 30, 2009 (Docket Item Nos. 276-279) are GRANTED, and Defendants' opposition thereto (Docket Item No. 280) is DENIED. (4) ALL of the inmates (except Inmate McSherry) who are the subject of the writs issued by the Court on December 22, 2009, December 23, 2009, and January 5, 2010 are to be transported to Court for trial. JAMES GODOY, Plaintiff(s), UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION No. C 05-2913 NJV ORDER United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 (5) The California Department of Corrections and Rehabilitation is responsible for the costs of transporting the inmate witnesses who are the subjects of the writs issued by the Court. (6) The Court once again ORDERS the parties to cooperate to ensure the timely attendance of all inmate witnesses who are the subjects of the aforementioned writs. IT IS SO ORDERED. Dated: 1/5/2010 United States District Court 11 For the Northern District of California _______________________________ NANDOR J. VADAS United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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