Clark, et al v. State of California, et al

Filing 364

WRIT of Habeas Corpus Ad Testificandum issued for Gary Luis Davenport. Signed by Judge Nandor J. Vadas on 3/26/10. (glm, COURT STAFF) (Filed on 3/26/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDMUND G. BROWN JR. Attorney General of California JONATHAN L. WOLFF Senior Assistant Attorney General DANIELLE F. O'BANNON Deputy Attorney General JULIANNE MOSSLER Deputy Attorney General JOSE A. ZELIDON-ZEPEDA Deputy Attorney General State Bar No. 227108 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5781 Fax: (415) 703-5843 E-mail: Jose.ZelidonZepeda@doj.ca.gov Attorneys for Defendants State of California, et al. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DERRICK CLARK, et al., C 96-1486 CRB Plaintiffs, [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM FOR INMATE GARY LUIS DAVENPORT Date: Time: Courtroom: Defendants. Judge April 26, 2010 9:30 a.m. 8, 19th Floor The Honorable Charles R. Breyer Action Filed: April 22, 1996 v. STATE OF CALIFORNIA, et al., Inmate, Gary Luis Davenport No. K72303, a necessary and material witness in proceedings in this case beginning on April 26, 2010, at 9:30 a.m., is confined at California Rehabilitation Center. In order to secure this inmate's attendance at the evidentiary hearing scheduled for April 26, 2010, at 9:30 a.m. in Courtroom 8 of the United States District Court for the Northern District of California, it is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the Warden of the California Rehabilitation Center, custodian of Gary Luis Davenport, CDCR No. K72303, to produce said inmate in Courtroom 8 of the United States District Courthouse, 450 1 [Prop.] Writ for inmate Davenport (C 96-1486 CRB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Golden Gate Avenue, San Francisco, CA 94102, the Honorable Charles R. Breyer presiding, beginning on April 26, 2010 at 9:30 a.m. and the subsequent hearing days beginning at 9:30 a.m. ACCORDINGLY, IT IS ORDERED that: 1. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court, commanding California Rehabilitation Center, and the California Department of Corrections and Rehabilitation to produce inmate Gary Luis Davenport, CDCR No. K72303, to testify in the United States District Court for the Northern District of California at the time and place above, and from day to day until completion of court proceedings or as ordered by the Court, and thereafter to return the inmate to the above institution. 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. In light of the security concerns posed by inmate Davenport, CDCR No. K72303, CDCR or the U.S. Marshal Service shall produce inmate Davenport to the court in whatever security restraints it deems appropriate. WRIT OF HABEAS CORPUS AD TESTIFICANDUM To: The Warden of California Rehabilitation Center P.O. Box 1841: 5th & Western, Norco, CA 91760. YOU ARE COMMANDED to produce inmate Gary Luis Davenport, CDCR No. K72303, to testify in the United States District Court for the Northern District of California at the time and place above, and from day to day until completion of court proceedings or as ordered by the Court, and thereafter to return the inmate to the above institution. /// /// /// /// /// /// /// 2 [Prop.] Writ for inmate Davenport (C 96-1486 CRB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNIT ED IT IS SO ORDERED. S ISTRIC ES D TC Tnew custodian with a copy of this writ. this inmate and are ordered to provideTA the FURTHER, you have been ordered to notify the Court of any change in custody of Dated: __________________________ 3/26/10 CF1997CS0006 ER N F D IS T IC T O R 3 [Prop.] Writ for inmate Davenport (C 96-1486 CRB) A NANDOR J. VADAS UNITED STATES MAGISTRATE JUDGE C LI FO __________________________________ J. V das or TheaHonorable Charles R. Breyer ge Nand United States District Judge Jud R NIA O ORD IT IS S ERED RT U O NO RT H

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