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ORIGINAL

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT.OF NEW YORK

 

KENNETH PARKER,

99 CV 9873 (SHS)

Plaintiff,

 

            -against-                                                                       WRIT OF HABEAS CORPUS

                                                                                                AD TESTIFICANDUM

SERGEANT ROBERT KRUSEN, CORRECTIONS

OFFICERS FRANK A. REDA, CHARLES                            Writ Satisfied

HARRISON, and BARRY NORFLEET,                                 SO ORDERED 10/1/01

 

                                                Defendants.

 

THE PRESIDENT OF THE UNITED STATES

 

TO:

 

BRIAN FISCHER, Superintendent of Sing Sing Correctional Facility, Ossining, New York, or his Assistant; and the DEPARTMENT OF CORRECTIONAL SERVICES of the State of New York; and

MARTIN J. BURKE, United States Marshal for the Southern District of New York, United States Courthouse, New York, New York, or his Assistant; and

GREGORY PARKS, Warden of the Metropolitan Correctional Center, New York, New York, or his Assistant.

GREETINGS:

 

We command that SUPERINTENDENT BRIAN FISCHER have the body of KENNETH PARKER, # 99-A-1535, presently detained in Sing Sing Correctional Facility in the custody of the Department of Correctional Services, to be brought under safe and secure custody to the Metropolitan Correctional Center, 150 Park Row, New York, New York on September 10, 2001, and placed into the temporary custody of GREGORY PARKS until the within Writ has been marked satisfied by the Court; and that Warden GREGORY PARKS shall provide such suitable quarters and provide for the safekeeping, care and subsistence of KENNETH PARKER as is necessary until the Writ has been satisfied, and that the UNITED STATES MARSHAL shall, pursuant to 18 U.S.C. §3161(d), transport KENNETH PARKER from the Metropolitan Correctional Center to Courtroom 23(A) of the United States Courthouse, 500 Pearl Street, New York, New York, on September 10, 2001 by 9:00 a.m., and each succeeding day to attend the trial, and shall return KENNETH PARKER to the Metropolitan Correctional Center at any luncheon or other extended recess and at the conclusion of the proceedings each day; and, thereafter, upon satisfaction of the Writ by the Court, that WARDEN PARKS shall return KENNETH PARKER under safe and secure custody to Sing Sing Correctional Facility, Ossining, New York; and that the DEPARTMENT OF CORRECTIONAL SERVICES OF THE STATE OF NEW YORK, THE UNITED STATES MARSHAL, AND THE UNITED STATES BUREAU OF PRISONS shall each bear their respective costs of the implementation of the terms of this Writ. It is further

ORDERED, that the UNITED STATES MARSHALL shall provide all necessary security for the custody of KENNETH PARKER for as long as KENNETH PARKER is in the temporary custody of the Court.

WITNESS, HONORABLE SIDNEY H. STEIN, United States District Judge, the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York on the 5th day of September, 2001.

THE FOREGOING WRIT

ALLOWED, THIS 5 DAY

OF Sept, 2001

 

JAMES M. PARKISON

 

CLERK, United States

District Court, Southern

District of New York

 

                                                            A TRUE COPY OF WRIT ISSUED

JAMES M. PARKISON, CLERK

 

 

By:__________________________

                                                                        Deputy Clerk


UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

 

KENNETH PARKER                                                 99 Civ.9873(SHS)

 

Plaintiff,

 

- against -                                                         AFFIDAVIT OF SERVICE

 

SERGEANT ROBERT KRUSEN,

CORRECTIONS OFFICERS FRANK A. REDA,

CHARLES HARRISON, and BARRY NORFLEET

 

Defendants.

 

STATE OF NEW YORK )

) ss.:

COUNTY OF NEW YORK )

 

ADAM CALEB, being duly sworn, deposes and says: that he resides at Mount Pocono, PA; that he is over the age of eighteen years old and that he is not a party to this proceeding.

That on the 10th day of September, 2001, at approximately 11:30 a.m., at 354 Hunter Street, Ossining, New York deponent personally served the WRIT OF HABEAS CORPUS AD TESTIFICANDUM upon Michelle Cassisi, Records Coordinator of Sing Sing Correctional Facility by leaving a true copy thereof with Officer J. Deloatch, a person of suitable age and discretion, authorized to accept service thereof, who identified himself to deponent.

Deponent describes Mr. Deloatch as a Afro-American male, with black hair, brown eyes, glasses and a moustache, about 35-40 years of age, weighing approximately 160-165 lbs and standing about 5’ 8” to 5’10” tall.

                                                            __________________________

ADAM CALEB

 

 

Sworn to before me this

10th day of September, 2001

 

________________________________

            Notary Public

 

 

CHARRISE BRADLEY

Notary Public, State of New York

No. 018R5048680

Qualified in Nassau County

Certificate Filed in New York County

Commission Expires Aug. 28, 2005

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