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DANIEL J. BRODERICK, #89424

Federal Defender

ANN C. McCLINTOCK, Bar #141313

Assistant Federal Defender

801 I Street, 3rd Floor

Sacramento, California 95814

Telephone: (916) 498-5700

Attorney for Petitioner

JOHN HERMAN PIRTLE

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOHN HERMAN PIRTLE,

Petitioner,

 v.

CALIFORNIA BOARD OF PRISON

TERMS, et al.,

Respondents.

_______________________________

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DC No. 2: 04-cv-0518 FCD KJM

Eastern District of California, Sacramento

APPLICATION FOR WRIT OF

HABEAS CORPUS AD

TESTIFICANUM; WRIT OF HABEAS

CORPUS AD TESTIFICANDUM

Judge: Hon. Frank C. Damrell, Jr.

APPLICATION FOR WRIT OF HABEAS CORPUS 

AD TESTIFCANMUN

Petitioner, JOHN HERMAN PIRTLE, prisoner number C-20936, by and through

the Office of the Federal Defender, requests this Court issue a writ of habeas corpus ad

testificandum compelling Respondents to produce Mr. Pirtle at the U.S. Marshal’s Office at

the United States Courthouse, 501 I Street, Sacramento, CA 95814, on August 26, 2010, at

1:00 p.m. so that Mr. Pirtle is available for interview by pretrial services and then to produce

him in court on August 27, 2010, at 9:00 a.m. for the hearing on the pending motion for

immediate release so that he is available, if needed, to testify at the hearing. 

/ / /

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ARGUMENT

On August 17, 2010, this Court issued a write of habeas corpus ad testificandum

directing the Warden to produce Petitioner at the August 27, 2010, hearing on the pending

motion for immediate release. Petitioner believed that this Court’s release decision would

benefit from information it may gain from Petitioner and from the participation and assistance

of pretrial services. 

Pretrial services has determined that there is insufficient time to interview Mr.

Pirtle before the Court’s hearing on August 27, 2010. Petitioner cannot be transported for the

pretrial services interview the day before the hearing without an additional writ. For this

reason, Petitioner asks that he be brought to the United States Marshal’s Office lock-up at the

U.S. District Court and be made available to pretrial services for an interview at 1:00 p.m. on

August 26, 2010, and then be brought again to Court for the August 27, 2010, 9:00 a.m.

hearing on his motion for his immediate release.

As Pretrial Services has determined there is insufficient time to interview Mr.

Pirtle the morning of the hearing, we request issuance of this additional writ. 

Dated: August 25, 2010

Respectfully submitted,

DANIEL J. BRODERICK

Federal Defender

 /s/ Ann C. Mc

Clintock 

ANN C. McCLINTOCK

Assistant Federal Defender

Attorneys for Petitioner

JOHN HERMAN PIRTLE

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DANIEL J. BRODERICK, #89424

Federal Defender

ANN C. McCLINTOCK, Bar #141313

Assistant Federal Defender

801 I Street, 3rd Floor

Sacramento, California 95814

Telephone: (916) 498-5700

Attorney for Petitioner

JOHN HERMAN PIRTLE

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOHN HERMAN PIRTLE,

Petitioner,

 v.

CALIFORNIA BOARD OF PRISON

TERMS, et al.,

Respondents. _______________________________

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DC No. 2: 04-cv-0518 FCD KJM

Eastern District of California, Sacramento

WRIT OF HABEAS CORPUS AD

TESTIFICANDUM

TO: Gary Swarthout, Acting Warden of California State Prison, Solano,

Vacaville, CA, 95696,

YOU ARE COMMANDED to produce prisoner John Herman Pirtle (C-20936)

to U.S. Marshal’s Office at the United States District Court for the Eastern District of

California, 501 I Street, Sacramento, California, 95814, on August 26, 2010, at 1:00 p.m., and

to make the prisoner available to pretrial services for interview; and to produce the prisoner

at the United States District Court for the Eastern District of California, Courtroom 2, 15th

Floor, 501 I Street, Sacramento, California, 95814, on August 27, 2010, at 9:00 a.m., and

thereafter to return the prisoner to the above-named institution, unless otherwise ordered by

the Court.

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FURTHER, you are ordered to notify the Court of any change in custody of the

prisoner and to provide the new custodian with a copy of this writ. 

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-To-Court Desk, California State Prison, Solano,

2100 Peabody Road, Vacaville, CA 95696 

Dated: August 25, 2010

_______________________________

UNITED STATES DISTRICT JUDGE

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