Hightower v. High Desert State Prison et al

Filing 144

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/21/2013 DENYING 131 , 132 & 135 Motions for Extension of Time as unnecessary and GRANTING 143 Motion to Stay Entry of the Pretrial Order. The court will DEFER issuance of the pretrial order until 9/23/2013. It is FURTHER ORDERED that 125 Motion to summon witnesses and 128 Motion for issuance of a writ of habeas corpus ad testificandum are DENIED without prejudice to their renewal on or after 9/23/2013. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CURTIS HIGHTOWER,
Plaintiff,

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No. 2:08-cv-228-MCE-EFB P

vs.

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HIGH DESERT STATE PRISON, et al.,

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Defendants.

ORDER
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Curtis Hightower, plaintiff, is a state prisoner proceeding without counsel in an action

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brought under 42 U.S.C. § 1983. Plaintiff asks for an extension of time regarding pretrial

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proceedings. ECF Nos. 131, 132, 135. Additionally, defendants ask the court to defer setting

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the trial date. ECF No. 143. As no deadlines are currently set, plaintiff’s motions for more time

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are denied as unnecessary. Further, based on defense counsel’s representations that both parties

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will seek leave to file amended pretrial statements disclosing additional witnesses and need

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additional time to confer regarding unidentified “pretrial matters” and possible settlement, the

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court will defer the issuance of a pretrial order and the setting of the trial date until Monday,

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September 23, 2013.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s motions for extension of time (ECF Nos. 131, 132, and 135) are denied as

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unnecessary;
2. Defendant’s motion to stay entry of the pretrial order (ECF No. 143) is granted, and
the court will defer issuance of the pretrial order until Monday, September 23, 2013; and

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3. Plaintiff’s motions to summon witnesses and documents (ECF No. 125) and for

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issuance of a writ of habeas corpus ad testificandum (ECF No. 128) are denied without prejudice

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to their renewal on or after September 23, 2013. Plaintiff may renew these motions simply by

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informing the court of his wish to do so.

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Dated: August 21, 2013.

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