(PC) Anglin v. Pratti et al

Filing 92

ORDER to Plaintiff to SHOW CAUSE why the Jury Trial should not be continued signed by District Judge Jennifer L. Thurston on 11/21/2022. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND ANGLIN, 12 Plaintiff, 13 v. 14 M. PRATTI, et al., 15 Case No. 1:19-cv-01334-JLT-SAB (PC) ORDER TO PLAINTIFF TO SHOW CAUSE WHY THE JURY TRIAL SHOULD NOT BE CONTINUED Defendants. 16 17 On October 28, 2022, the Court issued a writ of habeas corpus ad testificandum to 18 produce Mr. Anglin at the United States District Court for the Eastern District of California, 19 Fresno Division, in order for Mr. Anglin to participate in the jury trial currently set to commence 20 on November 28, 2022. (Doc. 75.) However, on November 21, 2022, the Court was informed that 21 Mr. Anglin is currently in a quarantine building of the California State Prison of Los Angeles 22 County and refuses to take a COVID test to facilitate his transport. The Court was also informed 23 that the applicable quarantine will not end until December 12, 2022, at the earliest. 24 25 26 Given the imminent trial date and the Court holiday closures this week, the Court ORDERS: 1. No later than 5 p.m. on November 22, 2022, Mr. Anglin SHALL notify the 27 Court through the Litigation Coordinator or the assigned Deputy Attorney General whether he 28 will comply with all necessary procedures to facilitate his transfer and transportation, including 1 1 taking a COVID test. Otherwise, he SHALL show cause why the Court should not continue the 2 trial date to December 12, 2022. 3 4 5 2. The assigned Deputy Attorney General SHALL have this order hand-delivered to the plaintiff immediately. 3. This order SHALL be faxed to the Litigation Coordinator at Mr. Anglin’s place of 6 incarceration with the Court’s request that this order be hand-delivered to Mr. Anglin. The Court 7 also requests that the Litigation Coordinator report back, either directly to the Court or through 8 the assigned Deputy Attorney General Mr. Anglin’s response to this order no later than 5 p.m. 9 tomorrow. 10 Failure to comply with this order will result in a continuance of the jury trial until 11 such time as State of California, Department of Corrections and Rehabilitation can safely 12 execute Mr. Anglin’s transport. 13 14 15 IT IS SO ORDERED. Dated: November 21, 2022 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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