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Curtis Lee Henderson, Sr v. Curtis Lee Henderson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


June 21, 2011

CURTIS LEE HENDERSON, SR.,
PLAINTIFF,
v.
CURTIS LEE HENDERSON
J. PETERSEN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Saundra B. Armstrong Judge OF The United States District Court, Northern District OF California

Judge: Hon. Saundra B. Armstrong

STIPULATION AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM AND ORDER TO TRANSPORT INMATE (H-43488)

Date Comp. Filed: May 31, 2007 Trial Date: July 18, 2011 confined at California State Prison, Corcoran in the custody of the Warden; trial days beginning on July 18, 2011, at 8:30 a.m., at Courtroom 1 of the United States Armstrong; minute breaks, on Monday, Wednesday, Thursday and Friday;" trial all parties are required to have someone in Court with full Settlement Authority;"

STIPULATION

Whereas the Plaintiff in this action, Curtis Lee Henderson, CDCR No. H-43488, is Whereas, in its February 2, 2011 Order for Pretrial Preparation, the Court set trial for five Courthouse, 1301 Clay Street, 4th Floor, Oakland, California, 94612 before Hon. Saundra Brown Whereas, "[t]he Court's trial hours are from 8:30 a.m. to 2:00 p.m., with two fifteen- Whereas, in the Order for Pretrial Preparation, the Court ordered that, "On the first day of Whereas Plaintiff is a necessary and material witness at the trial in this action; Whereas, in order to secure Plaintiff's attendance at trial, it is necessary that a Writ of Habeas Corpus Ad Testificandum issue commanding the custodian of Curtis Lee Henderson to 15 produce said inmate to the trial; Whereas counsel for Plaintiff and Defendants have met and conferred and agreed that Plaintiff shall be transferred approximately two weeks prior to trial to enable counsel for Plaintiff 18 to avoid travel costs they would otherwise have to incur for pretrial preparation; and Whereas, pursuant to General Order No. 45, § 10(B), Julianne Mossler, counsel for Defendants, has given Sharif E. Jacob, counsel for Plaintiff, permission to electronically sign this stipulation and proposed writ and order on her behalf; Therefore, pursuant to Local Rule 7-12, Plaintiff and Defendants, through counsel, hereby submit this stipulated request for a Writ of Habeas Corpus Ad Testificandum and Order to Transport Inmate Curtis Lee Henderson.

Dated: June 16, 2011

KEKER &VAN NEST LLP

By:

SHARIF E. JACOB Attorneys for Plaintiff CURTIS LEE HENDERSON, SR.

Dated: June 16, 2011

By:

JULIANNE MOSSLER Deputy Attorney General Attorneys for Defendants

ORDER

ACCORDINGLY, IT IS ORDERED that:

A Writ of Habeas Corpus Ad Testificandum issue, under the seal of this court, commanding the Warden of California State Prison, Corcoran to produce Curtis Lee Henderson, Sr., CDCR No. H-43488, (1) to San Quentin State Prison not later than July 6, 2011, and from day to day until completion of the trial or as ordered by the Court; and (2) to Courtroom 1 of the United States Courthouse, 1301 Clay Street, 4th Floor, Oakland, California, 94612, at 8:30 a.m. on July 18, 2011 and on each trial day thereafter until completion of the trial or as ordered by the Court.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO THE WARDEN OF CALIFORNIA STATE PRISON, CORCORAN:

YOU ARE ORDERED to produce Curtis Lee Henderson, Sr., CDCR No. H-43488, (1) to San Quentin State Prison not later than July 6, 2011, and from day to day until completion of the trial or as ordered by the Court; and (2) to Courtroom 1 of the United States Courthouse, 1301 Clay Street, 4th Floor, Oakland, California, 94612, at 8:30 a.m. on July 18, 2011 and on each trial day thereafter until completion of the trial or as ordered by the Court.

IT IS SO ORDERED.

20110621

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