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William M. Endres v. Elena Tootell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 10, 2012

WILLIAM M. ENDRES,
PLAINTIFF,
v.
ELENA TOOTELL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thelton E. Henderson Senior United States District Judge

[Proposed] ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM Trial Date: March 27, 2012, 8:30 a.m.

Plaintiff William M. Endres, CDCR No. P57685, a necessary and material witness in proceedings in this case beginning on March 27, 2012, at 8:30 a.m., is confined at San Quentin State Prison in the custody of the Warden thereof. In order to secure this inmate's attendance at the trial of this 23 action, scheduled for March 27, 2012 at 8:30 a.m. in Courtroom 12 of the United States District Court 24 for the Northern District of California (and any additional deliberation time), it is necessary that a Writ 25 of Habeas Corpus ad Testificandum issue commanding the custodian of William M. Endres, CDCR No. P57685, to produce said inmate in Courtroom 12 of the United States District Courthouse, 450 Golden Gate Avenue, 19th Floor, San Francisco, California 94102, the Honorable Thelton E. Henderson, Senior United States District Judge presiding, beginning on March 27, 2012, at 8:30 a.m. and at all subsequent trial days beginning at 8:30 a.m. In order to allow this inmate and his counsel adequate time to prepare 2 for trial, this inmate should be moved to the closest available or jail prison to the San Francisco Division 3 of this Court no later than March 25, 2012. 4 5

ACCORDINGLY, IT IS ORDERED that:

1. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this Court, commanding 8 the Warden of San Quentin State Prison and the California Department of Corrections and 9 Rehabilitation to produce inmate William M. Endres, CDCR No. P57685, to testify in the United States 10 District Court for the Northern District of California at the time and place above, and from day to day 11 until completion of court proceedings or as ordered by the Court, and thereafter to return the inmate to 12 the above institution; 13

2. The Warden of San Quentin State Prison is ordered to notify the Court of any change in 14 custody of William M. Endres, CDCR No. P57685, and is ordered to provide the new custodian with a 15 copy of this writ; and 16

3. The Warden of San Quentin State Prison is ordered to move William M. Endres, CDCR No. P57685, to the closest available prison or jail to the San Francisco Division of this Court no later than 18 March 25, 2012. 19 20

17

WRIT OF HABEAS CORPUS AD TESTIFICANDUM

To: The Warden of San Quentin State Prison, 22

YOU ARE COMMANDED to produce inmate William M. Endres, CDCR No. P57685, to testify 23 in the United States District Court for the Northern District of California at the time and place above, 24 and from day to day until completion of court proceedings or as ordered by the Court, and thereafter to 25 return the inmate to the above institution. 26

FURTHER, you are ordered to notify the Court of any change in custody of William M. Endres, CDCR No. P57685, and to provide the new custodian with a copy of this writ. 28

FURTHER, you are ordered to move William M. Endres, CDCR No. P57685, to the closest 2 available prison or jail to the San Francisco Division of this Court no later than March 25, 2012.

IT IS SO ORDERED. 5 6

Thelton E. Henderson Judge

20120110

© 1992-2012 VersusLaw Inc.



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