Forte v. Jones

Filing 71

SCHEDULING ORDER Re: Competency Hearing and Related Order, signed by District Judge Anthony W. Ishii on 5/29/13. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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EUGENE FORTE

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Plaintiff,
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v.
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TOMMY JONES, an individual, and
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DOES 1-100, et al.,
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Defendants.
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____________________________________ )

1:11-cv-00718 AWI-BAM
SCHEDULING ORDER RE:
COMPETENCY HEARING
AND RELATED ORDERS

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On May 29, 2013, a status conference was held in the above captioned case to address

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concerns arising from the intent expressed in Defendant’s pretrial statement to introduce

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evidence at trial pertaining to Plaintiff’s mental competency to present evidence at trial. See

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Doc. # 44 at 3:12-14 (stating disputed evidentiary issue of Plaintiff’s competence as a result

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of the determination of Plaintiff’s incompetence to stand trial on misdemeanor criminal

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charges by Merced County Superior Court in People v. Gene Forte, CRL003409). On the

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basis of status reports filed by the parties in this case, and on the basis of Plaintiff’s requests

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for appointment of guardian ad litem and appointment of counsel in this case (Doc. #’s 66

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and 67) and in Case Number 1:11-cv-00318 (Doc. # 134), the court determined that it cannot

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proceed further in either case until the issue of Plaintiff’s mental competence is resolved.
Because this court’s determination of Plaintiff’s competence to present evidence and

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represent himself in civil trial will affect both cases 1:11-cv-00718 and 1:11-cv-00318

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equally, the Defendant parties in Case Number 1:11-cv-00318 will be provided notice of the

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competency hearing and an opportunity to present argument and evidence.

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THEREFORE it is hereby ordered that the parties shall each appear at a hearing on

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the single issue of Plaintiff’s competence to present evidence and to represent himself at trial

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in the two civil cases now before this court to be held Tuesday, July 9, 2013, at 9:00 a.m. in

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Courtroom 2. Any documents not currently filed with the court that either party may wish the

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court to consider, including written summaries of arguments and evidence to presented at the

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hearing, shall be filed and served not later than 4:00 p.m. on June 28, 2013.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 29, 2013
SENIOR DISTRICT JUDGE

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