Jackson v. Yates et al

Filing 181

ORDER Vacating Trial Date and Motion in Limine Hearing Date and Setting Status Conference; ORDER VACATING 167 Writ of Habeas Corpus Ad Testificandum Directing Transportation of Curtis Renee Jackson, CDCR #J-88116; ORDER Directing Clerk's Off ice to Serve Order by E-Mail on California Medical Facility, and by Mail on Curtis Renee Jackson, signed by Magistrate Judge Barbara A. McAuliffe on 8/12/15. Status Conference set for 9/2/2015 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CURTIS RENEE JACKSON,

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Plaintiff,
v.
Y. A. YATES, et al.,
Defendants.

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Case No. 1:11-cv-00080-BAM (PC)
ORDER VACATING TRIAL DATE AND
MOTION IN LIMINE HEARING DATE, AND
SETTING STATUS CONFERENCE:
September 2, 2015, at 9:30 a.m. in Courtroom 8
(BAM)
ORDER VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM DIRECTING
TRANSPORTATION OF CURTIS RENEE
JACKSON, CDCR # J-88116,
ORDER DIRECTING CLERK’S OFFICE TO
SERVE ORDER BY E-MAIL ON CALIFORNIA
MEDICAL FACILITY, AND BY MAIL ON
CURTIS RENEE JACKSON

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Plaintiff Curtis Renee Jackson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case is currently set for a motion

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in limine hearing on August 19, 2015 at 8:30 a.m. and a jury trial on August 19, 2015 at 1:30 p.m.,

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before United States Magistrate Judge Barbara A. McAuliffe in Courtroom 8 (BAM).

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On August 7, 2015, Plaintiff filed a motion entitled, “Notice And Motion For Request Of

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Rescheduling Current Trial Date From August 19, 2015 To October 2015, Due To Plaintiff Being

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Admitted Into Mental Health Crisis Facility At CM/CTCA on July 22, 2015.” (ECF No. 175.) In his

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motion, Plaintiff states that on or about July 22, 2015, he was transferred to the Mental Health Crisis

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Bed Facility at the California Medical Facility (“CMF”) in Vacaville, for emergency psychiatric

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treatment. (Id. at p. 1.) While housed at the crisis facility, he is prohibited from accessing his personal

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property, including legal materials, and has been unable to prepare for trial. (Id. at p. 3.)

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Plaintiff attached an August 3, 2015 letter from Debbie McKinney, M.D., Staff Psychiatrist at

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the CMF, in support of his motion. (Id. at p. 5.) The letter explains that Plaintiff has been housed at

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the CMF for emergency medical treatment since July 24, 2015 and has remained there since that time.

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The letter further states that Plaintiff is now stable and able to participate in his trial, but has not had

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access to his legal property and will not have any access to his paperwork or the law library until he is

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discharged from the crisis facility. Dr. McKinney was uncertain as to Plaintiff’s discharge date, but

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anticipated he would likely be ready for discharge within the next week from the date of her letter.

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(Id.)

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On August 7, 2015, the Court ordered Defendants to file a response or statement of non-

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opposition to Plaintiff’s motion no later than noon on Wednesday, August 12, 2015. (ECF No. 176.)

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On August 12, 2015, Defendants filed an opposition to Plaintiff’s motion late in the afternoon. (ECF

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No. 180.) Defendants repeat the information already provided by Plaintiff that he has recently been

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assessed by a psychologist at CMF as psychiatrically stable and able to attend court. (Id. at 1.) They

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further assert that Plaintiff was discharged from the crisis facility on Tuesday, August 11, 2015 at

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12:47 p.m. Defendants argue that due to Plaintiff’s improved medical condition, there is no basis for

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postponing the trial date. They also argue that because one of the six Defendants in this case is

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moving out of state at the end of August 2015, moving the trial date past August 2015 will impose

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additional costs and burdens on the California Department of Corrections and Rehabilitation. (Id. at

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2.)

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Defendants do not refute, and indeed confirm in a separate email sent by defense counsel on

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August 12, 2015 at 2:38 p.m. to the Court’s staff, that Plaintiff has been without his legal property

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while confined to the crisis facility, e.g. from July 24, 2015 through August 11, 2015. The Pretrial

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Order in this case was issued on July 23, 2015, and therefore Plaintiff has been without his legal
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property from the day after that order was issued until August 11, 2015, a period of nineteen days.

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Due to Plaintiff’s emergency medical condition and inability to prepare for trial while he was

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admitted to the crisis facility at the CMF, the motion in limine hearing and jury trial set for August 19,

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2015 shall be vacated. The Court will also set a telephonic status conference for September 2, 2015 at

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9:30 a.m. to discuss resetting the relevant deadlines and trial date. Furthermore, due to the resetting of

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the date for the motion in limine hearing and jury trial, it is not necessary to transport Plaintiff at this

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time. Therefore, the transportation writ shall be vacated.

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Accordingly, it is HEREBY ORDERED that:

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The motion in limine hearing date of August 19, 2015 is VACATED;

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The trial date of August 19, 2015 is VACATED;

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The deadline for submission of trial exhibits, statements of the case, proposed jury

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instructions, proposed verdict forms, and proposed voir dire as set forth in the July 23,

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2015 Pretrial Order are VACATED. These deadlines will be reset upon confirmation

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of the continued trial date.

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undersigned in Courtroom 8 (BAM);

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5.

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The Clerk’s Office shall serve a courtesy copy of this order by e-mail on the Litigation
Office at the California Medical Facility; and

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The writ of habeas corpus ad testificandum directing the production of Curtis Renee
Jackson, CDCR #J-88116, is HEREBY VACATED;

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Defense counsel is required to arrange for the participation of Plaintiff in the telephonic
status conference and to initiate the telephonic hearing at [phone];

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A telephonic status conference is set for September 2, 2015, at 9:30 a.m. before the

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The Court will issue an amended writ of habeas corpus ad testificandum prior to the
new trial date.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 12, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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