Carter v. Fernandez et al

Filing 160

ORDER SETTING Telephonic Status Hearing, signed by Magistrate Judge Sheila K. Oberto on 4/9/12: Status Conference set for 4/11/2012 at 01:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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IVAN RAY CARTER, JR.,

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CASE NO. 1:08-cv-01841-SKO PC

Plaintiff,

ORDER SETTING TELEPHONIC STATUS
HEARING

v.
Telephonic Status Hearing: April 11, 2012 at
1:30 p.m., Courtroom 7 (SKO)

A. FERNANDEZ, et al.,

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Defendants.

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Plaintiff Ivan Ray Carter, Jr., (“Plaintiff”) is a California state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is

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proceeding against Defendants A. Fernandez, R. Reynaga, and H. Carillo for excessive force in

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violation of the Eighth Amendment, and against Defendants L. Ceaser and D. Jones for failure to

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provide adequate medical care in violation of the Eighth Amendment. This matter is set for jury

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trial on April 17, 2012 before the undersigned.

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On March 12, 2012, the Court issued an order and writ of habeas corpus ad testificandum

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for Clyde Rainey, a California state prisoner, to testify as a material witness in this action. The

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Clerk of the Court was recently informed that Mr. Rainey is unwilling to appear. The Court finds

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a telephonic status hearing necessary in this matter to address this issue.

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Accordingly, it is HEREBY ORDERED that:

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1.

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This matter is set for telephonic status hearing on April 11, 2012 at 1:30 p.m. in
Courtroom 7 before United States Magistrate Judge Sheila K. Oberto;

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Counsel for Defendants is required to arrange for the participation of Plaintiff in
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the telephonic status hearing and to initiate the telephonic hearing at (559) 499-

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5790; and

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3.

In order for Plaintiff to receive this order in a timely manner, the Clerk of the

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Court is directed to fax a copy of this order to the litigation coordinator at

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Plaintiff’s current facility of incarceration for delivery to Plaintiff.

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IT IS SO ORDERED.

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Dated:
ie14hj

April 9, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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