Masterson v. Killen et al

Filing 190

ORDER Requiring Status Report and Hearing on Plaintiff's 179 Motion for Temporary Restraining Order; ORDER Granting Plaintiff's Ex Parte 184 Motion for Extension of Time to Meet Trial Scheduling Order Deadlines signed by Magistrate Judge Stanley A. Boone on 02/16/2018. Telephonic Hearing set for 3/2/2018 at 03:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL MASTERSON,

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Plaintiff,

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v.
SUZANNE KILLEN, et al.,

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Defendants.

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Case No.: 1:11-cv-01179-SAB (PC)
ORDER REQUIRING STATUS REPORT AND
HEARING ON PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING ORDER
[ECF No. 179]
ORDER GRANTING PLAINTIFF’S EX PARTE
MOTION FOR AN EXTENSION OF TIME TO
MEET TRIAL SCHEDULING ORDER
DEADLINES
[ECF No. 184]

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Plaintiff Daniel Masterson is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. All parties have consented to magistrate judge jurisdiction. (ECF Nos.

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6, 164.)

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On February 16, 2018, the Court held a hearing on Plaintiff’s motion for a temporary

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restraining order and declaration in support, filed on January 29, 2018. (ECF No. 179.) Plaintiff

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appeared pro se on behalf of himself, and Lawrence Bragg and Martha P. Ehlenbach, of the Office of

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the Attorney General, appeared on behalf of Defendants. The Court and the parties also discussed

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Plaintiff’s ex parte motion for an extension of time to meet the trial scheduling order deadlines, filed

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on February 12, 2018. (ECF No. 184.)

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For the reasons discussed at the hearing, it is HEREBY ORDERED as follows:

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1.

Defense counsel shall immediately contact prison official’s regarding Plaintiff’s access

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to his legal materials, as discussed in open court. Defense counsel shall file a status report regarding

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this matter on or before February 28, 2018. Plaintiff may also submit a status report which must be

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received by the Court no later than that same date;
2.

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A telephonic hearing will be held on Friday, March 2, 2018 at 3:00 p.m. on Plaintiff’s

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motion for temporary restraining order, in Courtroom 9, before the undersigned. Defense counsel shall

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arrange for Plaintiff’s participation, and shall contact the Courtroom Deputy, Mamie Hernandez, at

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[phone], prior to the hearing date, to receive instructions regarding the conference call. The

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hearing date may be vacated based on the status report(s) submitted by the parties; and
3.

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Plaintiff’s motion for an extension of time (ECF No. 184) seeks to modify the March 1,

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2018 deadline to exchange exhibits. Based upon good cause shown, Plaintiff’s request for an extension

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is GRANTED. The deadline for the parties to exchange their proposed exhibit list and pre-marked

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exhibits is extended until March 8, 2018.

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IT IS SO ORDERED.

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Dated:

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February 16, 2018
UNITED STATES MAGISTRATE JUDGE

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