Hawkins v. Ibarra et al

Filing 61

ORDER CONTINUING Telephonic Trial Confirmation Hearing; ORDER DENYING Plaintiff's Motion to Continue Telephonic Trial Confirmation Hearing as Moot and Vacating Order Directing Defendant to Respond to Plaintiff's Motion, signed by Magistrate Judge Barbara A. McAuliffe on 2/24/17. Trial Confirmation Hearing set for 4/12/2017 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Marrujo, C)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 HOMER EARL HAWKINS, 10 11 12 13 Plaintiff, v. S. IBARRA, Defendant. 14 15 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:14-cv-00009-BAM (PC) ORDER CONTINUING TELEPHONIC TRIAL CONFIRMATION HEARING ORDER DENYING PLAINTIFF’S MOTION TO CONTINUE TELEPHONIC TRIAL CONFIRMATION HEARING AS MOOT AND VACATING ORDER DIRECTING DEFENDANT TO RESPOND TO PLAINTIFF’S MOTION (ECF Nos. 56, 57) 17 18 Plaintiff Homer Earl Hawkins (“Plaintiff”) is a state prisoner proceeding pro se in this 19 civil rights action pursuant to 42 U.S.C. § 1983. A telephonic trial confirmation hearing is 20 scheduled for March 22, 2017, and a trial is scheduled for June 6, 2017. 21 On February 17, 2017, Plaintiff filed a motion requesting that the Court extend the 22 telephonic trial confirmation hearing. 23 necessary, on February 21, 2017, the Court directed Defendant to respond to Plaintiff’s motion 24 no later than March 1, 2017. (ECF No. 57.) To date, no response has been filed. (ECF No. 56.) Finding a response to the motion 25 On February 24, 2017, the Court set this matter for a settlement conference before 26 Magistrate Judge Stanley A. Boone on March 24, 2017. In light of the settlement conference, the 27 telephonic trial confirmation hearing currently set for March 22, 2017, at 10:00 a.m. is HEREBY 28 1 1 CONTINUED to April 12, 2017, at 10:00 a.m. in Courtroom 8 (BAM) before Magistrate 2 Judge Barbara A. McAuliffe. 3 Based on the continued telephonic trial confirmation hearing, Plaintiff’s motion to extend 4 the date for the telephonic trial confirmation hearing is now moot and a response to that motion 5 is no longer necessary. 6 confirmation hearing is HEREBY DENIED as moot, and the Court’s order directing Defendant 7 to file a response to Plaintiff’s motion by March 1, 2017, is HEREBY VACATED. Accordingly, Plaintiff’s motion to extend the telephonic trial 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara February 24, 2017 11 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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