Moore v. Richmond Police Department et al

Filing 145

ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM AS TO PLAINTIFF GARY B. MOORE. Signed by Judge Maxine M. Chesney on February 25, 2010. (mmclc1, COURT STAFF) (Filed on 2/25/2010)

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Gibson, Dunn & Crutcher LLP

GIBSON, DUNN & CRUTCHER LLP SARAH E. PIEPMEIER, SBN 227094, [e-mail] JESSICA L. LUND, SBN 262322, [e-mail] GINA MOON, SBN 257721, [e-mail] ALLISON H. KIDD, SBN 257726, [e-mail] 555 Mission Street, Suite 3000 San Francisco, California 94105-2933 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff GARY B. MOORE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

GARY B. MOORE, Plaintiff, v. OFFICERS S. ZEPPA, T. JACKSON, HEMBREE, LLAMAS, LAWSON #1119, SERGEANTS M. BIRCH AND CLARK, Defendants.

CASE NO. C04-1749 MMC [PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM AS TO PLAINTIFF GARY B. MOORE Judge: Location: Hon. Maxine M. Chesney Courtroom 7, Nineteenth Floor March 9, 2010 March 22, 2010

Pre-Trial Conf.: Trial Date:

GARY B. MOORE, Prisoner ID: F17016, a necessary party and material witness in the proceedings in this case, is confined at Kern Valley State Prison, 3000 West Cecil Avenue, Delano, California, 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: (1) For trial preparation at a San Francisco County Jail in the City of San Francisco, on Friday, March 19, 2010 at 9:00 a.m.; and (2) For trial preparation at a San Francisco County Jail in the City of San Francisco, on Sunday, March 21, 2010 at 9:00 a.m.; and 1
[PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM Case No. C04-1749 MMC

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Gibson, Dunn & Crutcher LLP

(3)

For trial at Courtroom 7, Nineteenth Floor, United States District Court for the Northern District of California, 450 Golden Gate Ave., San Francisco, CA 94102, beginning on March 22, 2010 and lasting approximately 8-10 judicial days.

ACCORDINGLY, IT IS ORDERED that: (1) A Writ of Habeas Corpus ad Testificandum issue, commanding the Warden to produce

the inmate named above to prepare for and testify in United States District Court at the times and places above, 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; and (2) The custodian is to notify the Court of any change in custody of this inmate and is

ordered to provide any new custodian with a copy of this writ; and To the extent required by law, (3) ^ The California Department of Corrections and Rehabilitation is to pay all expenses associated with transporting, guarding, and otherwise securing the presence of the inmate at trial beginning March 22, 2010 and for pre-trial preparation on March 19, 2010 and March 21, 2010.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM To: The Warden of Kern Valley State Prison, 3000 West Cecil Ave., Delano, California: YOU ARE COMMANDED to produce the inmate named above to prepare for and testify before the United States District Court at the time and place above, from day to day until completion of the proceedings, or as ordered by the Court; and thereafter to return the inmate to the above institution. FURTHER, you are ordered to notify the Court of any change in custody of the inmate and are ordered to provide any new custodian with a copy of this writ.

IT IS SO ORDERED. February 25, 2010 Dated: ____________________ ______________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM Case No. C04-1749 MMC