Hill v. Clark et al

Filing 67

ORDER DENYING 55 Motion for Attendance of Incarcerated Witness, Without Prejudice; ORDER DENYING 65 Motion for Extension of Time signed by Magistrate Judge Erica P. Grosjean on 12/4/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN HILL,

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Plaintiff,

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1:13-cv-00386-EPG-PC
ORDER DENYING MOTION FOR
ATTENDANCE OF INCARCERATED
WITNESS, WITHOUT PREJUDICE
(ECF No. 55.)

vs.
C/O J. CLARK and

ORDER DENYING MOTION FOR
EXTENSION OF TIME
(ECF No. 65.)

C/O A. RIVAS,

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Defendants.

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Plaintiff, a state prisoner, filed this civil rights action pursuant to 42 U.S.C. 1983 while

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proceeding pro se. (ECF No. 1.) Plaintiff is now proceeding with counsel.1 This case is

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scheduled for trial before Magistrate Judge Erica P. Grosjean on April 12, 2016.2

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I.

MOTION FOR ATTENDANCE OF INCARCERATED WITNESS

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On September 10, 2015, while proceeding pro se, Plaintiff filed a motion for attendance

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of an incarcerated witness at trial. (ECF No. 55.) At the conference dated November 19-20,

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2015, the Court and Plaintiff’s new counsel discussed issues surrounding this witness and

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On November 23, 2015, the Court appointed Douglas L. Gordon and Aida S. Macedo of Miles,
Sears & Eanni to represent Plaintiff. (ECF No. 64.)
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The parties have consented to Magistrate Judge jurisdiction under 28 U.S.C. 636(c).
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Plaintiff agreed to speak with the witness and renew the motion at a later time if needed.

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Therefore, the Court shall deny Plaintiff’s motion, without prejudice to renewal of the motion

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through counsel.

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II.

MOTION FOR EXTENSION OF TIME

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On November 30, 2015, Plaintiff filed a motion for extension of time to meet deadlines

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established by the Court’s pretrial order of November 3, 2015. (ECF No. 65.) Pursuant to the

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pretrial order, the deadline for the parties to file motions in limine was November 23, 2015, and

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the parties had ten days in which to file objections to the pretrial order. Plaintiff requests

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extension of these two deadlines.

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Plaintiff’s motion for extension of time is dated November 17, 2015, indicating that he

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prepared the motion before the telephonic hearing in this case was held on November 19-20,

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2015. During the telephonic hearing, the deadline to file motions in limine was changed from

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November 23, 2015 to January 17, 2016. (ECF No. 63.)

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extension of that deadline is moot. Moreover, Plaintiff may not file motions by himself now

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that he is represented by counsel. Therefore, Plaintiff’s motion for extension of time shall be

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DENIED.

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III.

Therefore, Plaintiff’s motion for

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for attendance of an incarcerated witness at trial, filed on
September 10, 2015, is DENIED without prejudice, and

2.

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Plaintiff’s motion for extension of time, filed on November 30, 2015, is
DENIED.

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IT IS SO ORDERED.
Dated:

December 4, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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