McNeal v. Evert, et al

Filing 260

ORDER signed by District Judge Garland E. Burrell, Jr. on 2/9/2016 GRANTING 254 Motion to continue trial date; Jury Trial Reset for 2/28/2017 at 09:00 AM in Courtroom 10 (GEB) before District Judge Garland E. Burrell Jr.; and the 1/7/2016 writ of habeas corpus issued for Alfred Rollings, CDCR# P24726, 240 , and the 2/3/2016 amended writ of habeas corpus issued for Vernon Wayne McNeal, CDCR# P34419, 250 , are VACATED. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERNON WAYNE McNEAL,

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Plaintiff,

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No. 2:05-cv-00441-GEB-EFB

v.
F. LECKIE; A. ERVIN; ROY
CHATHAM, substituted party
for C. CHATHAM, deceased; and
D. VAN LEER;

ORDER GRANTING PLAINTIFF’S
MOTION FOR CONTINUANCE

Defendants.*

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On February 8, 2016, Plaintiff filed a motion in which

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he requests a continuance of the February 23, 2016 trial date.

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(Pl.’s Mot. Req. Continuance, ECF No 254.) Plaintiff filed a

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declaration

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relevant part:

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of

his

motion,

in

which

he

avers

in

. . . .

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[I am] not prepare[d] to go to trial on
February 23, 2016[.] Plaintiff still ha[s] to
exchange exhibits with defendants . . . .

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. . . .

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Plaintiff is still having double vision,
headache[s,] and blurr[iness] all the time.

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support

On
February
2,
2016[,
I]
was
transfer[ed] to Centi[nela] State Prison.

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in

*

The caption has been amended to reflect the correct spelling of
Defendant Leckie’s last name and according to the substitution of Roy Chatham
for Defendant C. Chatham, deceased. (See Order, Jan. 12, 2016, ECF No. 242.)

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Doctors here are trying to fix the problem
with eyeglasses but it’s not working. Reading
and writing for long period[s] of time make[]
the double vision worse and I cannot focus
and concentrate on what I am doing. . . .

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[I] also have to get establish[ed] here
at this prison and start receiving law
library.

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(Pl.’s

Decl.

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omitted).)
In

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&&

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light

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of

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ECF

No.

Plaintiff’s

254

(paragraph

referenced

numbers

averments,

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Plaintiff’s continuance motion is granted. See United States v.

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Pope, 841 F.2d 954, 956 (9th Cir. 1988) (listing prejudice to the

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movant as a factor to be considered in deciding whether to grant

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a continuance); accord Reynolds v. Gerstel, 624 F. App’x 552, 523

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(9th Cir. 2015) (applying the same factors in a civil case).

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Trial is rescheduled to commence at 9:00 a.m. on February 28,

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2017.
Further,

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the

January

7,

2016

writ

of

habeas

corpus

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issued for Alfred Rollings, CDCR# P24726, (ECF No. 240), and the

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February 3, 2016 amended writ of habeas corpus issued for Vernon

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Wayne McNeal, CDCR# P34419, (ECF No. 250), are VACATED.

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Dated:

February 9, 2016

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