EX PARTE APPLICATION FOR WRIT OF HABEAS CORPUS AD TESTFICANDUM AND ORDER GRANTING WRIT OF HABEAS CORPUS AD TESTIFICANDUM AS TO KERRY THROWER CDCR NO. P31432.

TORY L. NUNLEY, District Judge.

Jimmy McMillan, inmate CDCR No. P31432, a necessary and material witness in trial proceedings scheduled to commence on October 27, 2014, is confined at in California State Prison, Los Angeles County in the custody of the warden, J. Soto. In order to secure this Inmate's attendance it is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian to produce the inmate in Court, Sacramento Federal Courthouse located at the ROBERT T. MATSUI FEDERAL COURTHOUSE, 501 I Street, Courtroom 2, 15th Floor, Sacramento, CA 95814 on October 27, 2014, at 9:00 a.m. and continuing throughout the duration of the jury trial.

ACCORDINGLY, IT IS ORDERED that:

1) A Writ of Habeas Corpus ad Testificandum issue, under the seal of this Court, commanding the Warden to produce Jimmy McMillan before the United States District Court at the above time and place and from day to day until completion of court proceedings or as ordered by the court;

2) The custodian is ordered to notify the court of any change in custody of Inmate and is ordered to provide the new custodian with a copy of this writ; and

3) The Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the Out-of-Clerk Desk, in California State Prison, Los Angeles County.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM

To: Warden J Soto

WE COMMAND, you to produce Jimmy McMillan to testify in person before the United States District Court, Eastern District of California at the time and place and from day to day until completion of the proceedings or as ordered by the court.

FURTHER, you have been ordered to notify the court of any changes in custody of the inmate and have ordered to provide the new custodian with a copy of this writ.

IT IS SO ORDERED.