Villa v. Rowe et al

Filing 188

ORDER QUASHING PORTIONS OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM. Signed by Judge Alsup on August 29, 2011. (whalc2, COURT STAFF) (Filed on 8/29/2011) (Additional attachment(s) added on 8/29/2011: # 1 Certificate of Service) (dt, COURT STAFF).

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9

JOHN DANIEL VILLA JR.,

11
For the Northern District of California

United States District Court

10

12
13
14

Plaintiff,

No. C 07-01436 WHA

v.
LINDA ROWE, JENNIFER SWINEY,
and BHAWNA JAIN,

ORDER QUASHING PORTIONS
OF WRIT OF HABEAS CORPUS
AD TESTIFICANDUM

Defendants.
/

15
16

Non-party Warden M. Martel, of San Quentin State Prison, has moved to quash portions

17

of the writ of habeas corpus ad testificandum issued on August 16, 2011, directing officers of

18

the State of California to present plaintiff John Villa, who is in state custody, to this Court

19

during the trial in this matter. Specifically, Warden Martel requests that this order vacate those

20

portions of the writ pertaining to attorney visits and the designation of plaintiff as a “special

21

needs” inmate, because the writ exceeds the authority provided in 28 U.S.C. 2241(c)(5). No

22

opposition was received by the deadline set forth in Civil Local Rule 7-11(b). Therefore,

23

Warden Martel’s motion is GRANTED, and the portions of the writ pertaining to attorney visits

24

and the designation of plaintiff as a “special needs” inmate are VACATED. The Clerk shall

25

serve this order on Jose A. Zelidon-Zepeda, Deputy Attorney General.

26

IT IS SO ORDERED.

27
28

Dated: August 29, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE