Franklin v. Kernan

Filing 134

ORDER signed by Judge Kimberly J. Mueller on 3/26/14: Evidentiary Hearing set for 6/16/2014 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Kaminski, H)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL E. FRANKLIN, 10 Petitioner, 11 12 Civ. No. S-05-304 KJM v. ORDER WARDEN, Mule Creek State Prison1, 13 Respondent. 14 15 This case was on calendar on March 20, 2014 for a status conference. Robert 16 Bacon appeared for petitioner; David Eldridge and Catherine Nieto appeared for respondent. 17 The court granted respondent’s motion to exclude Robert Zernich’s testimony 18 about the extensive public interest in and conversation about the Franklin trial in Plumas County, 19 at least as part of petitioner’s case-in-chief. It also denied petitioner’s motion in limine to exclude 20 James Reichle’s testimony as moot after respondent said he would not call Reichle. The court 21 deferred ruling on the others motions until hearing. The case is set for evidentiary hearing on June 16, 2014 at 9:00 a.m. in Courtroom 22 23 Three. IT IS SO ORDERED. 24 25 DATED: March 26, 2014. UNITED STATES DISTRICT JUDGE 26 27 1 28 The court substitutes petitioner’s current custodian as the respondent in this case. FED. R. CIV. P. 25(D). 1

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