Meredith v. Overley et al

Filing 127

ORDER Granting Defendants' 123 Motion to Continue Trial Date; Vacating October 1, 2015 Trial Date; Vacating 109 110 Writs of Habeas Corpus for Transport of Plaintiff and his Inmate Witness and Resetting Trial signed by Magistrate Judge Michael J. Seng on 09/09/2015. Jury Trial set for 10/28/2015 at 08:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:12-cv-00455-MJS (PC)

DWAYNE MEREDITH,

ORDER:

Plaintiff,
v.

1) GRANTING DEFENDANTS’ MOTION
TO CONTINUE TRIAL DATE (ECF No.
123);

D. OVERLEY, et al.,
Defendants.

2) VACATING OCTOBER 1, 2015 TRIAL
DATE (ECF No. 97);

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3) VACATING WRITS OF HABEAS
CORPUS FOR TRANSPORT OF
PLAINTIFF AND HIS INMATE
WITNESS (ECF Nos. 109 & 110); AND

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4) RESETTING TRIAL FOR:

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Date: October 28, 2015
Time: 8:30 a.m., Courtroom 6 (MJS)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights

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action pursuant to 42 U.S.C. § 1983.

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Amendment conditions of confinement claim against Defendants Overley, Benevidez,

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and Gamboa. (ECF No. 8.)

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The action proceeds on Plaintiff’s Eighth

Before the Court is Defendants’ September 8, 2015 motion to advance the trial
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date from October 1, 2015 to October 28, 2015. (ECF No. 123.)

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Defendants express concern that the trial will last longer than a day and cite

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defense counsel’s scheduling conflicts on October 2, which would otherwise be the

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second day of trial, as a reason to continue the trial. While remaining hopeful that the

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trial can be completed in a day, the Court will, out of an abundance of caution, move the

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trial date to the end of October.

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Accordingly, it is HEREBY ORDERED that:

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1. Defendants’ motion to continue the trial date (ECF No. 123) is GRANTED;

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2. The jury trial scheduled for October 1, 2015, at 8:30 a.m. (ECF No. 97) is

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VACATED;

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3. The jury trial is RESET for October 28, 2015, at 8:30 a.m., in Courtroom 6;

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4. The writs of habeas corpus ad testificandum that issued August 11, 2015 for

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Plaintiff (ECF No. 110) and witness Paul Sanders (ECF No. 109) are

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VACATED.

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IT IS SO ORDERED.
Dated:

September 9, 2015

/s/

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UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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