Puckett v. Corcoran Prison - CDCR, et al.

Filing 93

ORDER VACATING January 7, 2014 Trial Date; ORDER REOPENING Motion Period, (Motions Filed By: February 7, 2014, Hearing: March 10, 2014, 1:30 p.m. Courtroom 4 (LJO)); ORDER SETTING Telephonic Trial Setting Hearing, (Date: March 21, 2014, Time: 8:00 a.m. Courtroom 4 (LJO)), signed by District Judge Lawrence J. O'Neill on 12/18/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT,

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Plaintiff,

Case No. 1:11-cv-01565 LJO-DLB PC
ORDER VACATING JANUARY 7, 2014,
TRIAL DATE

v.
ORDER REOPENING MOTION PERIOD

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LEWIS, et al.,
Defendants.

Motions Filed By: February 7, 2014
Hearing: March 10, 2014, 1:30 p.m.
Courtroom 4 (LJO)

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ORDER SETTING TELEPHONIC TRIAL
SETTING HEARING
Date: March 21, 2014
Time: 8:00 a.m.
Courtroom 4 (LJO)

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Plaintiff Durrell Anthony Puckett (“Plaintiff”) is proceeding pro se and in forma pauperis in

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this civil action pursuant to 42 U.S.C. § 1983. The action is proceeding on (1) an Eighth

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Amendment excessive force claim against Defendants Keener, Johnson, and Guajardo; and (2) a

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retaliation claim against Defendant Keener based on his ordering of the August 24, 2010, attack, and

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his alleged destruction of Plaintiff’s legal property.

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On December 6, 2013, the Court held the mandatory Telephonic Trial Confirmation Hearing

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before the Honorable Lawrence J. O’Neill, United States District Court Judge. Mitchell Wrosch

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appeared telephonically on behalf of Defendants. Plaintiff did not appear.
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In light of Plaintiff’s recent transfer to the Department of State Hospitals and the

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circumstances surrounding his hospitalization, the Court finds it necessary to VACATE the January

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7, 2014, trial date.

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The Court will also REOPEN the period for filing motions. Any and all motions must be

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filed on or before February 7, 2014. Oppositions, if any, are due on or before February 28, 2014. If

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necessary, the Court will conduct a hearing on March 10, 2014, at 1:30 p.m. in Courtroom 4.

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Finally, the Court sets a Telephonic Trial Setting hearing for March 21, 2014, at 8:00 a.m., in

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Courtroom 4. Counsel for Defendants is required to arrange for the participation of Plaintiff in the

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telephonic trial confirmation hearing and to initiate the telephonic hearing at [phone].

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 18, 2013

UNITED STATES DISTRICT JUDGE
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