Hearns v. Gonzales

Filing 59

ORDER Denying Plaintiff's 53 Motion to Continue Deposition, signed by Magistrate Judge Michael J. Seng on 12/17/16. (Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 Case No.: 1:14-cv-01177-DAD-MJS (PC) JAMAR R. HEARNS, Plaintiff, ORDER DENYING PLAINTIFF’S REQUEST TO CONTINUE DEPOSITION v. (ECF No. 53) R. GONZALES, et al., 13 Defendant(s). 14 15 On November 28, 2016, Plaintiff filed a motion seeking an order continuing his 16 December 8, 2016 deposition up to and including January 28, 2017. (ECF Nos. 53 & 17 54.) Plaintiff stated he wished to have a court-appointed attorney present at the 18 deposition, and was still waiting for the Court to rule on his November 28, 2016 motion to 19 appoint counsel. 20 The Court denied Plaintiff’s request for the appointment of counsel on December 21 5, 2016. (ECF No. 57.) Plaintiff proffered no other reason for requesting a continuance, 22 nor does it appear Plaintiff attempted to meet and confer with Defense counsel regarding 23 the scheduling of the deposition prior to seeking Court intervention. 24 Plaintiff’s motion for a continuance of his deposition is DENIED. IT IS SO ORDERED. 25 26 Dated: December 17, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 Michael J. Seng 1

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