Hawkins v. Ibarra et al

Filing 57

ORDER DIRECTING Defendant to Respond to Plaintiff's Motion to Continue Telephonic Trial Confirmation Hearing, signed by Magistrate Judge Barbara A. McAuliffe on 2/21/17. Response due by 3/1/2017. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOMER EARL HAWKINS,

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Plaintiff,
v.

Case No. 1:14-cv-00009-BAM (PC)
ORDER DIRECTING DEFENDANT TO
RESPOND TO PLAINTIFF’S MOTION TO
CONTINUE TELEPHONIC TRIAL
CONFIRMATION HEARING

S. IBARRA,
(ECF No. 56)
Defendant.

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Plaintiff Homer Earl Hawkins (“Plaintiff”) is a state prisoner proceeding pro in this civil

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rights action under 42 U.S.C. § 1983. This action proceeds on Plaintiff’s claim against defendant

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S. Ibarra (“Defendant”) for excessive force in violation of the Eighth Amendment. All parties

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have consented to magistrate judge jurisdiction. (ECF No. 4, 48.) A telephonic trial confirmation

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hearing is scheduled for March 22, 2017, and trial is scheduled for June 6, 2017.

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On February 17, 2017, Plaintiff filed document entitled “Request to Intervene into the

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Second Scheduling Order.” Plaintiff requests that the Court extend the telephonic trial

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confirmation hearing due to water damage at Plaintiff’s institution which has precluded Plaintiff

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from preparing for the hearing. (ECF No. 56.) The Court construes the request as a motion to

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continue the telephonic trial confirmation hearing. The Court finds a response from Defendant

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regarding this motion to be necessary. Therefore, Defendant shall file a response to Plaintiff’s

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motion by March 1, 2017.
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Accordingly, the Court HEREBY ORDERS that Defendant shall file a response to

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Plaintiff’s motion to continue the telephonic trial confirmation hearing no later than March 1,

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2017.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 21, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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