Garcia v. City of Santa Clara et al

Filing 193

WRIT of Habeas Corpus Ad Testificandum issued. Signed by Judge Susan Illston on 3/27/17. (tfS, COURT STAFF) (Filed on 3/27/2017)

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1 2 3 4 5 6 7 ORRICK, HERRINGTON & SUTCLIFFE LLP ERIC MATTHEW HAIRSTON (SBN 229892) ehairston@orrick.com NATHAN SHAFFER (SBN 282015) nshaffer@orrick.com ANDREW JOONMIN KIM (SBN 303081) ajkim@orrick.com 405 Howard Street, San Francisco, CA 94105 Tel: 1.415.773.5700 / Fax: 1.415.773.5759 Attorneys for Plaintiff Daniel C. Garcia 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 DANIEL C. GARCIA, [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM Plaintiff, 13 v. 14 15 Case No. 3:10-cv-02424-SI Hearing Date: Trial Date: Time: Place: Judge: CITY OF SANTA CLARA, et al., Defendants. 16 April 21, 2017 May 30, 2017 8:30 a.m. Courtroom 1, 17th Floor Hon. Susan Illston 17 Daniel C. Garcia, inmate no. AM5700, is a necessary and material party in proceedings in 18 19 this case and is confined in MULE CREEK STATE PRISON, P.O. Box 409099, Ione, CA, 20 95640. 21 22 ACCORDINGLY, IT IS ORDERED: 1. That a Writ of Habeas Corpus Ad Testificandum issue, under the seal of this Court, 23 commanding the Warden of Mule Creek State Prison, P.O. BOX 409099, IONE, CALIFORNIA 24 95640, to produce the inmate to a facility that is in reasonable proximity to the United States 25 District Court located at 450 Golden Gate Ave., San Francisco, CA 94102, of the Warden’s 26 choice no later than May 26, 2017. Mr. Garcia shall receive the medical treatment and care as 27 required by his current medical records, which will be produced with Mr. Garcia; Mr. Garcia 28 shall be permitted to bring legal papers and notes with him; and Mr. Garcia shall be permitted to -1- [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM CASE NO. 3:10-CV-02424-SI 1 2 meet with his attorneys. 2. That a Writ of Habeas Corpus Ad Testificandum issue, under the seal of this Court, 3 commanding the Warden of Mule Creek State Prison, P.O. Box 409099, Ione, CA 95640 to 4 produce the inmate before this court, Courtroom 1, 17th Floor, United States Courthouse, 450 5 Golden Gate Ave., San Francisco, California 94102 on May 30, 2017 at 8:30 a.m. and from day 6 to day until the completion of court proceedings as ordered by the Court and to provide any 7 necessary security during court proceedings each day; 8 9 10 11 3. The Clerk of Court is ordered to serve a courtesy copy of this order and Writ of Habeas Corpus Ad Testificandum on the Warden of Mule Creek State Prison, P.O. Box 409099, Ione, California 95640. 4. The Clerk of Court is ordered to serve a courtesy copy of this order and Write of Habeas 12 Corpus Ad Testificandum on the Out to Court Desk at Mule Creek State Prison, P.O. Box 409099, 13 Ione, California 95640. 14 5. Upon completion of the trial, and upon satisfaction of this writ by the Court, the Warden 15 of Mule Creek State Prison is ordered to return Mr. Garcia directly to Mule Creek State Prison 16 under safe and secure conduct, and without detour or delay. 17 18 6. Mule Creek State Prison shall bear its costs in implementing the terms of this writ and the United States Marshals service shall bear the cost it incurs, if any. 19 20 21 22 WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO THE WARDEN OF MULE CREEK STATE PRISON, We COMMAND you to produce the inmate named above to a facility of your choice that 23 is in reasonable proximity to United States District Court located at 450 Golden Gate Ave., San 24 Francisco, CA 94102, on May 26, 2017, and to produce Mr. Garcia for appearance before the 25 United States District Court at the time and place named above, and from day-to-day until the 26 completion of court proceedings, as ordered by the Court; and thereafter to return the inmate 27 directly to Mule Creek State Prison without detour or delay. Mr. Garcia shall receive the medical 28 treatment and care as required by his current medical records, which will be produced with Mr. -2- [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM CASE NO. 3:10-CV-02424-SI 1 Garcia; Mr. Garcia shall be permitted to bring legal papers and notes with him; and Mr. Garcia 2 shall be permitted to meet with his attorneys. 3 4 5 6 Further, you are hereby ordered to notify the Court of any change of custody of the inmate and to provide the new custodian with a copy of this writ. IT IS SO ORDERED. March 27 __________________, 2017 7 _______________________________ Honorable Susan Illston United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- [PROPOSED] WRIT OF HABEAS CORPUS AD TESTIFICANDUM CASE NO. 3:10-CV-02424-SI

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