Free Petition - District Court of Arizona - Arizona

Amanda Vaught SB #023035
LAW OFFICES

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WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C.
Williams Center, Eighth Floor 5210 E. Williams Circle Tucson, AZ 85711

(520)790-5828

Attorneys for Plaintiff
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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA Gerald Byerly, Plaintiff vs. Deputy Warden, et al., Defendants. The Plaintiff hereby moves this Court to issue a Writ of Habeas Corpus ed Testificandum securing the attendance of Inmate Gerald Byerly, ADC #146811 for the trial in this matter which is scheduled for February 14, 2006, at 9:00 a.m., before the Honorable Fredrick J Martone, Judge of the United States District Court in and for the District of Arizona. Mr. Byerly is the Plaintiff in this matter and a material witness, and his presence is therefore required for the trial. (See Affidavit of Amanda J. Vaught attached at Exhibit A.) WHEREFORE, the Plaintiff requests that this Court issue a writ of Habeas Corpus ad Testificandum to the Warden of the Arizona State Prison Complex ASPC Eyman, 4374 East Butte Avenue, Florence, AZ 85232 and to the United State's Marshall's Office and/or Sheriff of Maricopa County to have Gerald Byerly, in person before the Honorable Fredrick J. Martone, Judge of the United States District Court, District of Arizona, on February 14, 2006, at 9:00 a.m., for his trial at the United States NO. CV 04-0323-PHX-FJM (GEE) PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM

Case 2:04-cv-00323-FJM

Document 92

Filed 01/11/2006

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WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C.

District Court, Sandra Day O'Connor U.S. Courthouse, 401 W. Washington Street, Phoenix, AZ 85003, and to keep this person in custody and available for all court proceedings in this cause until adjudication is completed, or until excused by the presiding judge, and then return this person to the previous place of detention. DATED this 11th day of January, 2005. WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C.

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5210 E. Williams Circle, Suite 800 Tucson, AZ 85711 (520)790-5828

By s/Amanda J. Vaught Amanda Vaught Attorneys for Plaintiff

COPY of the foregoing transmitted via electronic transmission 12 this 11th day of January, 2006, to:
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Clerk of the Court United States District Court District of Arizona 15 401 West Washington Phoenix, AZ 85003
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Kelley J. Morrissey Assistant Attorney General 1275 West Washington 18 Phoenix, AZ 85007-2926 [email protected] 19 Attorneys for Defendants
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_s/ Liza Dausinger_____
21 22 23 24 25 26 -2Case 2:04-cv-00323-FJM Document 92 Filed 01/11/2006 Page 2 of 2 Liza Dausinger