Garcia v. Garcia, et al.

Filing 67

ORDER Continuing Trial Date, signed by Magistrate Judge Barbara A. McAuliffe on 11/01/2021. Jury Trial set for 11/30/2021 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCO A. GARCIA,

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Plaintiff,

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v.

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GARCIA, et al.,

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Case No. 1:17-cv-01313-BAM (PC)
ORDER CONTINUING TRIAL DATE
Jury Trial: Tuesday, November 30, 2021, at
8:30 a.m. in Courtroom 8 (BAM)

Defendants.

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Plaintiff Marco A. Garcia (“Plaintiff”) is a former pretrial detainee and current state

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prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C.

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§ 1983. All parties have consented to Magistrate Judge jurisdiction. (ECF No. 28.) This action

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proceeds on Plaintiff’s Fourteenth Amendment claims against Defendants Garcia and Bursiaga

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for excessive force.

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On November 1, 2021, the Court, the parties, and counsel appeared in-person to

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commence a jury trial in this action. However, due to issues regarding Plaintiff’s legal property

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that were outside of the parties’ control, trial could not proceed without prejudice to Plaintiff.
Accordingly, the Court finds it necessary and appropriate to continue trial in this action to

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Tuesday, November 30, 2021 at 8:30 a.m. in Courtroom 8.1

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The Court notes that Monday, November 29, 2021 was originally selected as the new trial date.
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Accordingly, it is HEREBY ORDERED as follows:
1. The jury trial in this action is continued to Tuesday, November 30, 2021, at 8:30 a.m. in
Courtroom 8 (BAM); and
2. An amended transportation writ will be issued in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 1, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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