Michael Jackson v. Daniel Vasquez, Warden of California State Prison at San Quentin
Opinion
Opinion
Canby, J.
BACKGROUND
Michael Jackson is a California condemned prisoner at San Quentin State Prison. After receiving from the federal district court a number of stays of execution to allow him time to prepare a habeas corpus petition, Jackson filed an ex parte request for an order compelling Daniel Vasquez, warden of the prison, to transport Jackson to the University of California at Irvine, College of Medicine, so that Jackson could undergo a brain scan.
Without giving the Warden notice of the request or an opportunity to respond, the district court issued the order and sealed Jackson’s pleadings. The order requires the Warden to transport Jackson to the medical facility at Irvine, to remain with Jackson while the brain scan is administered and to return Jackson to San Quentin. The order provides that the Warden will bear the costs of transporting, housing and guarding Jackson during the trip.
The Warden filed a motion to vacate the order, which the district court denied after a hearing on the matter. The Warden then filed a series of motions and objections seeking to vacate the order and to unseal Jackson’s pleadings, but the district court denied all such relief.