Lumpkin v. Mail Room Clerks et al

Filing 98

ORDER re Plaintiff's 93 Motion for Writ of Habeas Corpus Ad Testificandum. The Court construes Plaintiff's motion as a request to begin that process - a praecipe to issue a subpoena. The Clerk is DIRECTED to send Plaintiff a copy of this order and a blank subpoena with the Clerk's seal. Authorized by U.S. District Judge John C Coughenour. **2 PAGE(S), PRINT ALL**(Robert Lumpkin, Prisoner ID: 829720)(TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT J. LUMPKIN,

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Plaintiff,

CASE NO. C17-1644-JCC
MINUTE ORDER

v.

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HECTOR YANES, et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:

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This matter comes before the Court on Plaintiff’s motion for production ad testificandum

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(Dkt. No. 93). The purpose of a writ of habeas corpus ad testificandum is to bring a prisoner into

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court to testify. See, e.g., Odom v. Odom, 272 N.E.2d 272, 273 (Ill. Ct. App. 1971). The person

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Plaintiff seeks to produce, Dan Miller, is not in custody (Dkt. No. 95), so such a writ is

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inappropriate. If Plaintiff wishes to compel Dan Miller’s presence at his trial, he must do so with

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a subpoena. 1 See Fed. R. Civ. P. 45. The Court construes Plaintiff’s motion as a request to begin

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that process—a praecipe to issue a subpoena. The Clerk is DIRECTED to send Plaintiff a copy

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of this order and a blank subpoena with the Clerk’s seal.

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It is worth noting that Defendants represent that they “fully expect” Dan Miller to be present as
a witness at trial. (Dkt. No. 95.)
MINUTE ORDER
C17-1644-JCC
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DATED this 15th day of May 2019.

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William M. McCool
Clerk of Court

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s/Tomas Hernandez
Deputy Clerk

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MINUTE ORDER
C17-1644-JCC
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