Yaciuk v. Gomez

Full title: ANDREW YACIUK, Plaintiff, v. JOSE GOMEZ, an alien; RALPH MILLER, an Ohio…

Court: United States District Court, D. Colorado

Date published: Oct 14, 2005

Case Number: 04-CV-01646-RPM-MJW (D. Colo. Oct. 14, 2005)

Opinion

Case Number: 04-CV-01646-RPM-MJW.

October 14, 2005

Paul J. Komyatte, Carrie R. Frank, Gilbert, Frank, Ollanik Komyatte, P.C., Arvada, CO, ATTORNEYS FOR PLAINTIFF.

ORDER REGARDING PETITION FOR WRIT OF AD TESTIFICANDUM AND ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM DIRECTING UNITED STATES MARSHALS SERVICE FOR THE DISTRICT OF COLORADO AND THE COLORADO DEPARTMENT OF CORRECTIONS TO PRODUCE JOSE GOMEZ TO WHERE HIS CUSTODY MAY BE FOUND

MICHAEL WATANABE, Magistrate Judge

The Court, having been duly advised in the premises, hereby ORDERS that the Colorado Department of Corrections will transport Defendant Jose Gomez (DOB 05/28/80; DOC Number 127485) from the Department of Corrections, Skyline Correctional Center, Cañon City, Colorado 81215 to the United States District Court, District of Colorado, located at 901 19^th Street, Denver, CO 80294-3589, and be held there November 3, 2005 through November 4, 2005.

The Court ORDERS that defendant Jose Gomez shall remain in Department of Corrections clothing.

The Court ORDERS that Department of Corrections officials shall remain in their standard uniforms.

SO ORDERED.

PETITION AND ORDER FOR WRIT OF HABEAS CORPUS

COMES NOW the Plaintiff, above-named, by and through his attorneys, GILBERT, FRANK, OLLANIK KOMYATTE, P.C., and submits the following petition:

The Plaintiff petitions the Court to issue a Writ of Habeas Corpus directing the Colorado Department of Corrections to bring the Defendant, Jose Gomez, DOB 05/28/80, DOC Number 127485, from the Department of Corrections, Skyline Correctional Center, Cañon City, Colorado 81215 to the United States District Court, District of Colorado, located at 901 19^th Street, Denver, CO 80294-3589, and be held there November 3, 2005 through November 4, 2005.

As grounds the Plaintiff states that:

1. This matter is set for a hearing on Plaintiff's Motion for Default Judgment which is scheduled for Friday, November 4, 2005 at 2:00 p.m. in Magistrate Watanabe's courtroom.

2. Magistrate Watanabe has ordered Defendant Gomez be present for the November 4, 2005 hearing.

WHEREFORE, Plaintiff's counsel respectfully requests this Court to grant this petition.