Opinion
Case No. 08cv1233 BTM(WMC)
08-30-2011
GERALD LEE MILLER, JR., Plaintiff, v. O. RUFINO, et al., Defendants.
ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM TO
PRODUCE PLAINTIFF, GERALD LEE MILLER, JR., CDCR # C-92075
Plaintiff, GERALD LEE MILLER, JR., CDCR #C-92075, a necessary and material witness and party in proceedings in this case, is confined at Calipatria State Prison, 7018 Blair Road, Calipatria, CA 92233, in the custody of the Warden. In order to secure this inmate's video conference attendance before Magistrate Judge Bianchini for a hearing on September 8, 2011 a 11:00 a.m., it is necessary that a Writ of Habeas Corpus Ad Testificandum issue commanding the custodian of GERALD LEE MILLER, JR., CDCR # C-92075, to produce said inmate by video before Magistrate Judge Bianchini.
ACCORDINGLY, IT IS ORDERED that:
1. A Writ of Habeas Corpus Ad Testificandum issue, under the seal of this court, commanding the Warden of Calipatria State Prison, 7018 Blair Road, Calipatria, CA 92233, to produce GERALD LEE MILLER, JR., CDCR #C-
92075, to participate by video conference in the prisoner settlement program on September 8, 2011, until completion of the mediation proceedings, or as ordered by the Court;
2. The custodian of inmate GERALD LEE MILLER, JR., CDCR #C-92075, 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 Order.
3. WRIT OF HABEAS CORPUS AD TESTIFICANDUM, To: the Warden of Calipatria State Prison:
YOU ARE COMMANDED to produce inmate GERALD LEE MILLER, JR., CDCR #C-92075, to participate at his present location in the prison mediation program by video conference before the Honorable Magistrate Judge Bianchini on September 8, 2011 at 11:00 a.m., until completion of the proceedings, or as ordered by the Court; and thereafter to return the inmate to the custody of the Warden of Calipatria State Prison.
IT IS SO ORDERED.
Honorable Barry Ted Moskowitz
United States District Judge