Bills v. Clark

Filing 88

ORDER signed by Magistrate Judge Gregory G. Hollows on 02/09/12 ordering the court' hereby grants petitioner's request to file a further status report, but there will be no further re-setting of the date for the upcoming evidentiary hearing. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMY LEE BILLS,

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Petitioner,

No. CIV S-06-2223 MCE GGH P

vs.
KEN CLARK, et al.,
Respondents.

ORDER
/

By order filed on January 27, 2012, the second evidentiary hearing in this matter

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was re-set for Wednesday, April 18, 2012, at 9:00 a.m. before the undersigned, pursuant to a

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request by petitioner’s counsel for the hearing to be re-set to accommodate a proposed new

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expert for petitioner. Petitioner’s request for funding of the expert was vacated with directions to

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counsel to file a modified funding request within seven days; thereafter, petitioner was granted an

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extension of time to file the modified request.

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In a status report regarding the modified funding request, which was filed one day

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late as counsel for petitioner acknowledges, counsel informs the court that her dogged efforts to

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secure the services of the proposed new expert have proved fruitless. Petitioner’s counsel sets

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forth steps she has taken since to obtain the expertise she seeks with respect to TABE testing but

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has as yet not secured an expert for which she might seek funding. Counsel asks for permission
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to file a further status report or funding request by February 27, 2012.

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While the court understands counsel’s desire to secure a “rock to crawl under” and

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has some empathy for the frustrating circumstances she faces, it is past time to fish or cut bait in

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this case (to mix metaphors). The court hereby grants petitioner’s request to file a further status

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report, but there will be no further re-setting of the date for the upcoming evidentiary hearing. If

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petitioner is able to locate an expert and any report generated by said expert can be served upon

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respondent two weeks prior to the scheduled evidentiary hearing, petitioner will be permitted to

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present the potential expert witness at the hearing. See Fed. R. Civ. P. 26(a)(2). The court will

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also consider a new request for funding. However, no further request to move the evidentiary

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hearing will be considered.

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IT IS SO ORDERED.
DATED: February 9, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009
bill2223.ord6

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