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Buchanan v. Scribner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 2, 2009

JOHN A. BUCHANAN, PETITIONER,
v.
L.E. SCRIBNER, WARDEN RESPONDENT.

The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill

PETITIONER'S APPLICATION AND ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM Date: July 17, 2009 Time: 1:30 P.M.

Petitioner, JOHN A. BUCHANAN, through counsel, hereby applies for a writ of habeas corpus ad testificandum, requiring the production of Mr. Buchanan at the evidentiary hearing now set in this matter for July 17, 2009. Mr. Buchanan's presence is required to assist counsel in the examination of the witness scheduled to testify at the hearing. Counsel previously through inadvertence filed a request for a criminal case; this petition must be served on state authorities.

For the reasons set forth above, petitioner respectfully requests that advance preparations for his presence be ensured.

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM

JOHN A. BUCHANAN, inmate #v-80107, petitioner in proceedings in the aforementioned case on July 17, 2009, is confined in the Calipatria State Prison, at Calipatria, California, in the custody of the Warden. In order to secure this inmate's attendance it is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian to produce the inmate in Court, 7th Floor, Courtroom #4, United States Courthouse, 2500 Tulare Street, Fresno, California on July 17, 2009, at 1:30 P.M.

ACCORDINGLY, IT IS ORDERED that: 1. A Writ of Habeas Corpus Testificandum issue, under the seal of this court, commanding the Warden to produce the inmate named above to testify in United States District Court 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 custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and

3. The Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the Out-To-Court Desk, Calipatria States Prison, P. O. Box 5001, 7018 Blair Road, Calipatria, CA 92233-5001.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM To: The Warden Of Calipatria State Prison, P.O. Box 5001, 7018 Blair Road, Calipatria, California 92233-5001.

WE COMMAND you to produce the inmate named above to testify before the United States District Court at the time and place above, and from day to day until completion of the proceedings or as ordered by the court; and thereafter to return the inmate to the above institution.

FURTHER, you have been ordered to notify the court of any change in custody of the inmate and have been ordered to provide the new custodian with a copy of this writ.

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

20090702

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