Opinion
BENJAMIN B. WAGNER, United States Attorney, SHERRY D. HARTEL HAUS, ANDRÉ M. ESPINOSA, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff United States of America.
UNITED STATES' REQUEST AND PROPOSED ORDER TO VACATE WRIT OF HABEAS CORPUS A.D. TESTIFICANDUM
KIMBERLY J. MUELLER, District Judge.
The United States, by and through its counsel, Benjamin B. Wagner, United States Attorney, and Sherry D. Hartel Haus and Andre M. Espinosa, Assistant United States Attorneys, hereby submits this Request and Proposed Order to Vacate the Writ of Habeas Corpus Ad Testificandum signed by the Court on May 19, 2015.
As the Court is aware, in anticipation of trial in this matter, on May 19, 2015, the United States submitted an application for a Writ of Habeas Corpus Ad Testificandum (the "Writ") seeking an order compelling the Warden at SATF-CSP Corcoran to produce inmate Ricardo Garza ("Garza") on June 4, 2015, at 9:00am, to appear as a witness in the trial in the above-referenced matter. (CR 32.) On the same day, the Court signed an order issuing the Writ. (CR 33.)
On May 26, 2015, the defendant, Manuel Ruiz, appeared before the Court and entered a plea of guilty to Count Four of the Indictment. (CR 40.) Thereafter, the Court vacated the trial date and all pending motion and other hearings. Consequently, Garza's testimony is no longer necessary and the United States respectfully requests an order vacating the Writ.
[PROPOSED] ORDER VACATING WRIT OF HABEAS CORPUS A.D. TESTIFICANDUM
The United States, by and through its counsel, Benjamin B. Wagner, United States Attorney, and Sherry D. Hartel Haus and Andre M. Espinosa, Assistant United States Attorneys, has submitted a Request and Proposed Order to Vacate the Writ of Habeas Corpus Ad Testificandum signed by the Court on May 19, 2015.
On May 19, 2015, in anticipation of trial, the United States submitted an application for a Writ of Habeas Corpus Ad Testificandum seeking an order compelling the Warden at SATF-CSP Corcoran to produce inmate Ricardo Garza ("Garza") at 9:00 a.m., on June 4, 2015, to appear as a witness in the trial in the above-referenced matter. (CR 32.) On the same day, the Court signed an order issuing the Writ of Habeas Corpus Ad Testificandum. (CR 33.)
On May 26, 2015, the defendant, Manuel Ruiz, appeared before the Court and entered a plea of guilty to Count Four of the Indictment. (CR 40.) Thereafter, the Court vacated the trial date and all pending motion and other hearings.
ACCORDINGLY, the Court finds that, in light of the resolution reached by the parties in this matter, Garza's testimony is no longer necessary; therefore, and for other good cause shown, it is hereby,
ORDERED, that the United States' Request for an order vacating the Writ of Habeas Corpus Ad Testificandum, signed by the Court on May 19, 2015, shall be and is hereby, GRANTED, and it is further,
ORDERED that the Writ of Habeas Corpus Ad Testificandum, signed by the Court on May 19, 2015, shall be and is hereby VACATED.
IT IS SO ORDERED.