O'Neal v. Johnson et al

Filing 192

ORDER signed by Magistrate Judge Deborah Barnes on 9/11/17 ORDERING that Plaintiff's 8/29/17 MOTION for an Extension of time 189 is GRANTED; The 9/25/17 hearing of Plaintiff's MOTION to Amend 184 is VACATED and Plaintiff shall re-notice the Motion for hearing on an available law and motion calendar pursuant to LR 2304; The 9/25/17 Jury Trial is CONTINUED to Monday, 12/4/2017 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.(Mena-Sanchez, L)

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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 SEAN O’NEAL, 12 Plaintiff, 13 14 No. 2:14-cv-2374 DB PS v. ORDER AUGUST JOHNSON, et al., 15 Defendants. 16 This matter is set for a jury trial to commence before the undersigned on September 25, 17 18 2017.1 On August 22, 2017, plaintiff filed a motion to amend his exhibit list and noticed that 19 motion for hearing on September 25, 2017. (ECF No. 184.) However, on August 29, 2017, 20 plaintiff filed a motion for an extension of time, seeking a continuation of the jury trial. (ECF No. 21 189.) Defendant has filed an opposition to plaintiff’s motion for an extension of time. (ECF No. 22 191.) Plaintiff’s motion explains that plaintiff “is moving and does not have access to some 23 24 legal services.”2 (ECF No. 189 at 1.) Plaintiff has changed his address of record to “GENERAL 25 DELIVERY SACRAMENTO, CA.” (ECF No. 188.) Although the court shares defendant’s 26 27 28 1 The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. § 636(c)(1). (ECF No. 16.) 2 Plaintiff is proceeding pro se with appointed standby counsel. (ECF No. 166.) 1 1 concerns about the numerous delays in prosecuting this action, the court finds good cause to grant 2 plaintiff one final extension of time. However, plaintiff is cautioned that the court does not intend 3 to grant any further extensions of time for this purpose or for any other reason absent good 4 cause.3 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s August 29, 2017 motion for an extension of time (ECF No. 189) is granted; 7 2. The September 25, 2017 hearing of plaintiff’s motion to amend (ECF No. 184) is 8 vacated and plaintiff shall re-notice the motion for hearing on an available law and motion 9 calendar pursuant to Local Rule 2304; and 10 3. The September 25, 2017 jury trial is continued to Monday, December 4, 2017, at 9:00 11 a.m. in courtroom no. 27 before the undersigned. 12 Dated: September 11, 2017 13 14 15 16 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.consent\o’neal2374.cont.trial.ord 24 25 3 26 27 28 Plaintiff is also cautioned that the failure to comply with this order, or the failure to timely prosecute this action, may result in an order dismissing this action for lack of prosecution and as a sanction for failure to comply with court orders. See Local Rule 110. 4 Plaintiff’s motion must be withdrawn or heard before the undersigned prior to November 17, 2017. Failure to comply with this order will result in the denial of plaintiff’s motion. 2

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