Meredith v. Overley et al

Filing 117

ORDER DENYING Defendants' 116 Motion to advance trial date, signed by Magistrate Judge Michael J. Seng on 09/1/2015. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Case No. 1:12-cv-00455-MJS (PC) DWAYNE MEREDITH, ORDER DENYING DEFENDANTS’ REQUEST TO ADVANCE TRIAL DATE Plaintiff, v. (ECF No. 116) D. OVERLEY, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights The action proceeds on Plaintiff’s Eighth 18 action pursuant to 42 U.S.C. § 1983. 19 Amendment conditions of confinement claim against Defendants Overley, Benevidez, 20 and Gamboa. (ECF No. 8.) 21 22 23 Before the Court is Defendants’ August 31, 2015 motion to advance the trial date from October 1, 2015 to September 30, 2015. (ECF No. 116.) The Court appreciates the reason for the request, but is unable to accommodate it 24 given the number and nature of matters already on its September 30, 2015 calendar. 25 The Court will, however, do everything reasonable within its power to complete trial in 26 27 28 this case in one day, on October 1, 2015. The parties should be prepared to stay as late as reasonably necessary to accomplish that. 1 1 2 3 Accordingly, it is HEREBY ORDERED that Defendants’ request to advance the trial date from October 1, 2015, to September 30, 2015, is DENIED. 4 5 6 IT IS SO ORDERED. Dated: September 1, 2015 /s/ 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael J. Seng 2

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