Free Application for Writ of Habeas Corpus ad Prosequendum - District Court of Colorado - Colorado

Case 1:04-cr-00098-MSK

Document 40

Filed 04/25/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CASE NO. 04-CR-000098-MSK UNITED STATES OF AMERICA, Plaintiff, v. 1. RICKY HENRY CISNEROS, Defendant,

PETITION FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM NOW COMES Ricky Cisneros, by and through Melissa Culotta, duly authorized to practice law in the State of Colorado, and moves the Court to issue a Writ of Habeas Corpus ad Prosequendum for RICKY CISNEROS who is presently detained in the Adams County Jail, Colorado Department of Corrections and U.S. Marshal Service, for his appearance before the Court in the District Court for the District of Colorado for proceedings in connection with a Probation Revocation Hearing in the above matter and district against said defendant. Ricky Cisneros was accused of violating probation on the 27th day of July, 2007. No Hearing has been held on the Probation Violation to date. Mr. Cisneros is currently being held in Adams County Jail with a federal hold. Because of the federal hold, his capacity to work as trustee is limited and his date of release is uncertain. Movant prays for a speedy disposition in this matter. The Probation Officer has not yet and does not plan to writ the Defendant over to this Court until his sentence is complete, making the consideration of a concurrent sentence unavailable. Wherefore Movant asserts that this Court, not the Probation Officer, is to determine the consideration of concurrence. Wherefore Petitioner respectfully requests that this Honorable Court GRANT THIS PETITION FOR WRIT OF HABEAS CORPUS AND HOLD A HEARING FOR THE REVOCATION OF PROBATION.

Case 1:04-cr-00098-MSK

Document 40

Filed 04/25/2008

Page 2 of 2

Respectfully submitted this 25th day of April 2008,

/s/ Melissa Culotta ___________________________________________ Melissa Culotta 314 Federal Blvd. Denver, CO 80219 Phone: (303) 936-5135 Fax: (303) 922-6284 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on this 25th day of April, 2008, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such following to the following email addresses: Robert Campbell Troyer, AUSA Email: [email protected] And I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in manner indicated by the non-participant's name. Ricky Henry Cisneros (U.S. Postal Service) /s/ Melissa Culotta