Greene
Greene v. Prunty
Opinion
Opinion
Moskowitz, J.
ORDER TO SUBMIT AFFIDAVIT IN SUPPORT OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM AND SETTING PRETRIAL AND TRIAL DATES
INTRODUCTION
Plaintiff, Herbert Greene, has brought a civil rights action pursuant to 42 U.S.C. § 1983 against Officer Konkel of the Calipatria State Prison. Plaintiff Greene, an inmate at Calipatria, has moved the Court for an order, pursuant to 28 U.S.C. §§ 1651 (a) and 2241(e)(5), granting his request for writs of habeas corpus ad testificandum directing the production of inmate-witnesses at trial, two of which are incarcerated outside of this district. The defendant opposes this motion.
DISCUSSION
28 U.S.C. § 2241 (c)(5), in conjunction with 28 U.S.C. § 1651 (a), permits a federal court, when necessary, to issue a writ of habeas corpus ad testificandum. The purpose of this writ is to direct the custodian of a prisoner to produce the prisoner for appearance as a witness in court. The decision to issue a writ of habeas corpus ad testificandum is committed to the discretion of the district court. See Atkins v. City of New York, 856 F.Supp. 755, 757 (E.D.N.Y.1994).