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Cesar Uribe v. Correctional Officer J. Mckesson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


March 15, 2011

CESAR URIBE,
PLAINTIFF,
v.
CORRECTIONAL OFFICER J. MCKESSON, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM

Plaintiff, CESAR URIBE, CDC #K-12001, a necessary and material witness and party in proceedings in this case, is confined at The CORRECTIONAL TRAINING FACILITY, Highway 101 North Soledad, CA 93960, in the custody of the Warden. In order to secure this inmate's attendance before Judge Sabraw at the trial to be held on April 18, 2011 at 9 a.m. in the Fresno Division of the United States District Court for the Eastern District of California in Courtroom 1, it is necessary that a Writ of Habeas Corpus Ad Testificandum issue commanding the custodian to produce said inmate CESAR URIBE, CDCR #K-12001 before Judge Sabraw for trial.

FERNANDO MONGES, CDCR #J-45409, and GILBERT VAIZA, CDCR #C-15685, necessary and material witnesses in proceedings in this case, are confined at The CORRECTIONAL TRAINING FACILITY, Highway 101 North Soledad, CA 93960, in the custody of the Warden. In order to secure these inmates' attendance before Judge Sabraw at the trial to be held on April 18, 2011 at 9 a.m. in the Fresno Division of the United States District Court for the Eastern District of California in Courtroom 1, it is necessary that a Writ of Habeas Corpus Ad Testificandum issue commanding the custodian to produce said inmates FERNANDO MONGES, CDCR #J-45409, and GILBERT VAIZA, CDCR #C-15685 before Judge Sabraw for trial.

CARLOS QUIROZ, CDCR #V-13738, a necessary and material witness in proceedings in this case, is confined at THE CALIFORNIA SUBSTANCE ABUSE TREATMENT FACILITY AND STATE PRISON, 900 Quebec Avenue, Corcoran, California, in the custody of the Warden. In order to secure this inmate's attendance before Judge Sabraw at the trial to be held on April 18, 2011 at 9 a.m. in the Fresno Division of the United States District Court for the Eastern District of California in Courtroom 1, it is necessary that a Writ of Habeas Corpus Ad Testificandum issue commanding the custodian to produce said inmate CARLOS QUIROZ, CDCR #V-13738 before Judge Sabraw for trial.

Petitioner also filed a request that the Court issue a Writ of Habeas Corpus Ad Testificandum commanding the custodian at Pleasant Valley State Prison to produce VICTOR SOLANO, CDCR #J-68871, before Judge Sabraw for trial. However, the Court has been informed by the California Department of Corrections and Rehabilitation Identification Unit that VICTOR SOLANO was discharged and is no longer incarcerated. Accordingly, Petitioner's request is denied as moot.

ACCORDINGLY, IT IS ORDERED:

1. A Writ of Habeas Corpus Ad Testificandum issue, under the seal of this court, commanding the Warden of the California Correctional Training Facility to produce inmates CESAR URIBE, CDCR #K-12001, FERNANDO MONGES, CDCR #J-45409, and GILBERT VAIZA, CDCR #C-15685; and the Warden of the California Substance Abuse Treatment Facility and State Prison to produce inmate CARLOS QUIROZ, CDCR #V-13738 to participate in the trial before Judge Sabraw in Courtroom 1 in the Fresno Division of the United States District Court for the Eastern District of California on April 18, 2011 at 9 a.m., and from day to day until completion of the trial.

2. The custodians of inmates CESAR URIBE, CDCR #K-12001, FERNANDO MONGES, CDCR #J-45409, GILBERT VAIZA, CDCR #C-15685, and CARLOS QUIROZ, CDCR #V-13738 are ordered to notify the Court of any change in custody of these inmates and are ordered to provide the new custodian(s) with a copy of this Order.

3. WRIT OF HABEAS CORPUS AD TESTIFICANDUM,

To: the Warden of the Correctional Training Facility in Soledad: YOU ARE COMMANDED to produce inmates CESAR URIBE, CDCR #K-12001, FERNANDO MONGES, CDCR #J-45409, and GILBERT VAIZA, CDCR #C-15685 to participate in the trial before Judge Sabraw on April 18, 2011, and from day to day until completion of the trial, or as ordered by the Court; and thereafter to return the inmate to the custody of the Warden of the Correctional Training Facility in Soledad, CA.

To: the Warden of the California Substance Abuse Treatment Facility and State Prison in Corcoran: YOU ARE COMMANDED to produce inmate CARLOS QUIROZ, CDCR #V-13738 to participate in the trial before Judge Sabraw on April 18, 2011, and from day to day until completion of the trial, or as ordered by the Court; and thereafter to return the inmate to the custody of the Warden of the California Substance Abuse Treatment Facility and State Prison in Corcoran, CA.

IT IS SO ORDERED.

20110315

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