Azam v. Contra Costa County et al

Filing 103

ORDER AND WRIT of Habeas Corpus ad Testificandum issued; Signed by Judge Marilyn Hall Patel on 1/5/2009. (awb, COURT-STAFF) (Filed on 2/5/2009)

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

KEKER & VAN NEST, LLP ASHOK RAMANI - #200020 BROOK DOOLEY - #230423 JENNIFER A. HUBER - #250143 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ZAMEER RIAZ AZAM

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ZAMEER RIAZ AZAM, Plaintiff, v. OFFICER M. JOHNSON, Defendant.

Case No. C-05-1858-MHP (pr) STIPULATION AND [PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 Dept: Judge: Courtroom 15, 18th Floor Hon. Marilyn Hall Patel

Trial Date: February 17, 2009

434649.01

STIPULATION AND [PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 CASE NO. C-05-1858-MHP (pr)

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

Pursuant to Civil Local Rule 7-12, Plaintiff Zameer Riaz Azam and Defendant Mark Johnson hereby stipulate as follows: WHEREAS Plaintiff ZAMEER RIAZ AZAM, CDCR No. V59327, a necessary and material witness in proceedings in this case beginning on February 17, 2009, at 8:30 a.m., is confined at Folsom State Prison in the custody of the Warden Michael S. Evans; WHEREAS in order to secure this inmate's attendance at the trial scheduled for February 17-20, 2009 in Courtroom 15 of the United States District Court for the Northern District of California (and any additional deliberation time), it is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian of Zameer Riaz Azam, CDCR No. V59327, to produce said inmate in Courtroom 15 of the United States District Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102, the Honorable Marilyn Hall Patel presiding, beginning on February 17, 2009, at 8:30 a.m. and at all subsequent trial days beginning at 8:30 a.m.; and WHEREAS in order to allow this inmate and his counsel adequate time to prepare for trial, the Warden of Folsom State Prison should be ordered to move the inmate to the closest available prison to the San Francisco Division of this Court no later than February 12, 2009. ACCORDINGLY, THE PARTIES STIPULATE TO THE FOLLOWING: 1. That the Court enter a Writ of Habeas Corpus ad Testificandum, under the seal of

this Court, commanding the Warden of Folsom State Prison and the California Department of Corrections and Rehabilitation to produce inmate Zameer Riaz Azam, CDCR No. V59327, 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. That the Court order the Warden of Folsom State Prison to notify the Court of any

change in custody of Zameer Riaz Azam, CDCR No. V59327, and to provide the new custodian with a copy of this writ; 3. That the Court order the Warden of Folsom State Prison to move Zameer Riaz

Azam, CDCR No. V59327, to the closest available prison to the San Francisco Division of this Court no later than February 12, 2009; and 1
STIPULATION AND [PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 CASE NO. C-05-1858-MHP (pr)

434649.01

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

4.

That the Court enter the Proposed Order attached hereto.

IT IS SO STIPULATED. Dated: January 22, 2009 KEKER & VAN NEST, LLP

By: /s/ Brook Dooley BROOK DOOLEY Attorneys for Plaintiff ZAMEER RIAZ AZAM Dated: January 22, 2009 COUNTY OF CONTRA COSTA

By: /s/ Monika L. Cooper MONIKA L. COOPER Attorneys for Defendant MARK JOHNSON I, Brook Dooley, am the ECF user whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327. In compliance with General Order 45, X.B., I hereby attest that Monika L. Cooper has concurred in this filing. Dated: January 22, 2009 KEKER & VAN NEST, LLP

By: /s/ Brook Dooley BROOK DOOLEY Attorneys for Plaintiff ZAMEER RIAZ AZAM

2
434649.01

STIPULATION AND [PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 CASE NO. C-05-1858-MHP (pr)

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

KEKER & VAN NEST, LLP ASHOK RAMANI - #200020 BROOK DOOLEY - #230423 JENNIFER A. HUBER - #250143 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ZAMEER RIAZ AZAM

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ZAMEER RIAZ AZAM, Plaintiff, v. OFFICER M. JOHNSON, Defendant.

Case No. C-05-1858-MHP (pr) [PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 Dept: Judge: Courtroom 15, 18th Floor Hon. Marilyn Hall Patel

Trial Date: February 17, 2009

434651.01

[PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 CASE NO. C-05-1858-MHP (pr)

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

Plaintiff Zameer Riaz Azam, CDCR No. V59327, a necessary and material witness in proceedings in this case beginning on February 17, 2009, at 8:30 a.m., is confined at Folsom State Prison in the custody of Warden Michael S. Evans. In order to secure this inmate's attendance at the trial scheduled for February 17-20, 2009, in Courtroom 15 of the United States District Court for the Northern District of California (and any additional deliberation time), it is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian of Zameer Riaz Azam, CDCR No. V59327, to produce said inmate in Courtroom 15 of the United States District Courthouse, 450 Golden Gate Avenue, San Francisco, California 94012, the Honorable Marilyn Hall Patel presiding, beginning on February 17, 2009, at 8:30 a.m. and at all subsequent trial days beginning at 8:30 a.m. In order to allow this inmate and his counsel adequate time to prepare for trial, this inmate should be moved to the closest available prison to the San Francisco Division of this Court no later than February 12, 2009. ACCORDINGLY, IT IS ORDERED that: 1. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court,

commanding the Warden of Folsom State Prison and the California Department of Corrections and Rehabilitation to produce inmate Zameer Riaz Azam, CDCR No. V59327, 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 Warden of Folsom State Prison is ordered to notify the Court of any change

in custody of Zameer Riaz Azam, CDCR No. V59327, and is ordered to provide the new custodian with a copy of this writ; and 3. The Warden of Folsom State Prison is ordered to move Zameer Riaz Azam,

CDCR No. V59327, to the closest available prison to the San Francisco Division of this Court no later than February 12, 2009. // // // 1
[PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 CASE NO. C-05-1858-MHP (pr)

434651.01

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 To:

WRIT OF HABEAS CORPUS AD TESTIFICANDUM The Warden of Folsom State Prison, YOU ARE COMMANDED to produce inmate Zameer Riaz Azam, CDCR No. V59327, 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. FURTHER, you are ordered to notify the Court of any change in custody of Zameer Riaz Azam, CDCR No. V59327, and to provide the new custodian with a copy of this writ. FURTHER, you are ordered to move Zameer Riaz Azam, CDCR No. V59327, to the closest available prison to the San Francisco Division of this Court no later than February 12, 2009. IT IS SO ORDERED.

UNIT ED

S

Dated: February 5, 2009

S DISTRICT TE C TA

19 20 21 22 23 24 25 26 27 28 2
434651.01

N

F D IS T IC T O R

[PROPOSED] ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO TRANSPORT PLAINTIFF ZAMEER RIAZ AZAM, CDCR NO. V59327 CASE NO. C-05-1858-MHP (pr)

A

18

ER

C

LI

FO

17

The Honorable Marilyn Hall Patel United States District Judge l H. Pate Marilyn Judge

R NIA

D RDERE S SO O IT I _________________________________

RT U O

NO

RT

H