Rodriguez v. Tilton, et al

Filing 240

ORDER signed by Magistrate Judge Allison Claire on 5/3/16 DENYING 239 Motion to appear personally at the 5/4/16 hearing.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS VALENZUELA RODRIGUEZ, 12 Plaintiff, 13 14 No. 2:08-cv-1028 GEB AC P v. ORDER JAMES TILTON, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding through counsel with this civil rights action 17 18 pursuant to 42 U.S.C. § 1983. In preparation for the telephonic status conference scheduled to 19 take place on May 4, 2016, plaintiff’s counsel has filed a status update notifying the court that 20 plaintiff has passed away. ECF No. 239. Counsel requests that he be allowed to appear 21 personally at the May 4, 2016 hearing, rather than telephonically, so that plaintiff’s wife and 22 daughter may be present at the hearing. Id. Although the court understands the desire of 23 plaintiff’s survivors to attend the May 4, 2016 hearing, the court finds that the telephonic 24 appearance of counsel at the hearing is more appropriate at this time. 25 //// 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that counsel’s request to appear personally at 2 the May 4, 2016 hearing is denied. 3 DATED: May 3, 2016 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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