Plunk v. Norris

Filing 170

ORDER that the scheduled hearing will remain set for 7/12/11; however, if it is necessary for Petitioner's counsel to be involved with the death penalty case on that date, the hearing will commence at 9:30 a.m. on 7/13/11; counsel must notify the Court as soon as they know whether or not our case must be delayed. Signed by Magistrate Judge Jerry W. Cavaneau on 6/9/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TERRY GALE PLUNK
ADC #139430
V.

PETITIONER

NO. 5:08-cv-00203 SWW-JWC

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
Petitioner’s counsel has informed the Court by e-mail that he has a client scheduled
for execution on July 12, 2011, the first day set for the hearing in this case. If the execution
is not stayed, counsel could be occupied with last-minute, emergency filings and may be
required to be in attendance on July 12. The parties have agreed that if this occurs, the
hearing would be delayed, but they would want to begin July 13, 2011.
The hearing will remain set for July 12, 2011. However, if it is necessary for
Petitioner’s counsel to be involved with the death penalty case on that date, the hearing will
commence at 9:30 a.m. on July 13, 2011. Counsel must notify the Court as soon as they
know whether or not our case must be delayed.
I have set aside an extra day for completion of the hearing. If scheduling difficulties
arise for counsel, the record will remain open until both parties have had full opportunity to
complete their evidence.
IT IS SO ORDERED this 9th day of June, 2011.

UNITED STATES MAGISTRATE JUDGE