Young v. LaPage et al

Filing 268

AMENDED ORDER Granting in part 262 Plaitiff's Unopposed MOTION for Writ of Habeas Corpus ad testificandum filed by Johnathan Young, Sr., 263 Order on Motion for Writ of Habeas Corpus ad Testificandum; by Judge William J. Martinez on 2/14/2013. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-01513-WJM-CBS
JOHNATHAN YOUNG, SR.,
Plaintiff,
v.
JASON BROCK,
Defendant.

AMENDED ORDER GRANTING UNOPPOSED MOTION FOR WRIT OF
HABEAS CORPUS AD TESTIFICANDUM

This matter comes before the Court on Plaintiff’s Unopposed Motion for Writ of
Habeas Corpus Ad Testificandum filed January 21, 2014 (ECF No. 262). The Court
having reviewed the Motion and being fully advised hereby ORDERS as follows:
1.

The Plaintiff’s Unopposed Motion is GRANTED in PART.

2.

The Clerk of the Court shall issue Writ to of Habeas Corpus Ad
Testificandum, as soon as reasonably possible, commanding the Warden
of the Sterling Correctional Facility to make JOHNATHAN YOUNG, SR.,
No. 116164 available so that he may appear in person with his counsel
before Judge William J. Martínez of the United States District Court for the
District of Colorado, for a 3-day Bench trial which is scheduled to begin on
March 17, 2014, Courtroom A801 of the Alfred A. Arraj Courthouse 901
19th Street, Denver, Colorado;

3.

To the extent practicable, the Court asks that Plaintiff be brought to an

appropriate facility in the Denver Metropolitan area at least three days prior
to trial so that he may confer in person with counsel for purposes of trial
preparation;
4.

Plaintiff is permitted to attend every successive day of the trial contingent
on his behavior on the prior day. The Court gives leave to the parties, and
the Untied States Marshal, to bring to the Court’s attention matters
addressing Plaintiff’s behavior during the course of the trial;

5.

The Department of Corrections and/or the U.S. Marshal for the District of
Colorado shall hold JOHNATHAN YOUNG, SR., No. 116164 in its custody
as agent of the United States of America or as agent of the said
correctional facilities, until the conclusion of the trial, and thereafter return
Mr. Young to Sterling Correctional Facility.

Dated this 14th day of February, 2014.
BY THE COURT:

__________________________
William J. Martínez
United States District Judge

2