Hammler v. Haas, et al.

Filing 114

ORDER signed by Magistrate Judge Allison Claire on 08/17/21 DENYING 107 Motion for an order for transport to trial as premature. (Plummer, M)

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Case 2:15-cv-02266-JAM-AC Document 114 Filed 08/18/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, 12 No. 2:15-cv-2266 JAM AC P Plaintiff, 13 v. 14 ORDER HASS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42 18 U.S.C. § 1983. The matter was referred to this court pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. 20 Before this court is plaintiff’s motion for an order for transport to trial.1 ECF No. 107. 21 On July 21, 2021, the District Court Judge assigned to this action issued a minute order which 22 reset the trial date in this action to May 2, 2022. See ECF No. 113. The motion is therefore 23 premature. Plaintiff is informed that several weeks before the start of trial, the appropriate 24 appearance writs will issue without the need for a motion. 25 //// 26 27 28 1 A motion in limine filed by plaintiff in September 2020 also remains outstanding in this action. See ECF No. 110. Prior to the start of trial, the District Court Judge assigned to this case will address the motion. 1 Case 2:15-cv-02266-JAM-AC Document 114 Filed 08/18/21 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an order for transport 2 to trial (ECF No. 107) is DENIED as premature. 3 DATED: August 17, 2021 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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