Johnson v. Runnels et al

Filing 172

ORDER signed by District Judge Kimberly J. Mueller on 5/20/11 ORDERING that the court hereby VACATES the May 31 trial date and RESETS the trial date to June 20, 2011 at 9:00 a.m. Trial will begin on this date. All other dates remain the same. An appropriate writ of habeas corpus ad testificandum shall issue in accordance with this order. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BYRON EUGENE JOHNSON,
Plaintiff,

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vs.

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No. CIV S-05-2123 KJM-EFB P

DAVID L. RUNNELS, et al.,
Defendants.

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NOTICE
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On May 18, 2011, the court held a telephonic conference with defense counsel,

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Philip Arthur, regarding a conflict that has arisen regarding the May 31, 2011 trial date in the

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above-captioned matter. Plaintiff did not appear; the court has been informed that he was in

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transit at the time of the conference.
This serves as notice to plaintiff that the undersigned is now unavailable to try

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this case on May 31, 2011, due to the trial of a criminal case that must take priority. During the

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telephonic conference, Mr. Arthur was asked if his client would consent to jury trial before

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Magistrate Judge John F. Moulds; however, defendant has declined consent.

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Accordingly, the court hereby VACATES the May 31 trial date and RESETS the

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trial date to June 20, 2011 at 9:00 a.m. Trial will begin on this date. All other dates remain the

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same. An appropriate writ of habeas corpus ad testificandum shall issue in accordance with this

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order.

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IT IS SO ORDERED.
DATED: May 20, 201.

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UNITED STATES DISTRICT JUDGE

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