Huskey v. Burris et al
Filing
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for a continuance (Docket No. 49) is DENIED at this time. Signed by District Judge Audrey G. Fleissig on July 17, 2019. (MCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JERRY LEE HUSKEY, JR.,
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Plaintiff,
v.
PAUL BURRIS, et al.,
Defendants.
No. 4:18-cv-00731-AGF
MEMORANDUM AND ORDER
This matter comes before the Court on the motion of plaintiff Jerry Lee Huskey, Jr. for a
four-month continuance of his case. (Docket No. 49). In support of his motion, plaintiff states that
he is currently enrolled in the Intensive Therapeutic Community (ITC) Program at the Jefferson
City Correctional Center. While he is in the program, he states that he is “unable to go over to the
law library to research and respond to motions filed by” defendants. He also notes that he does not
have an attorney to advise or aid him.
Plaintiff has attached a letter from Cindy Smith, a certified reciprocal alcohol and drug
counselor with the ITC Program. According to the letter, the ITC Program is a year-long, intensive
drug treatment program. The program is broken up into phases, with each phase approximately
nine weeks long. If an offender misses more than a week of any given phase, he would be held
back from progressing. Plaintiff is currently in phase three and requires approximately six more
weeks to complete this phase.
Having reviewed the motion and the letter in support, the Court must deny plaintiff’s
request for a four-month continuance. Plaintiff has not demonstrated that there is currently any
pending motion that requires him to undertake legal research. He has also not shown that he is
currently unable to file motions or responses with the Court. Finally, the letter from Ms. Smith
indicates that an offender is not allowed to miss more than a week of any given phase. However,
plaintiff has not established that this case will require him to absent himself from the ITC Program
for this length of time. In short, plaintiff has not convinced the Court of his need for a blanket fourmonth continuance. Thus, plaintiff’s motion will be denied at this time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for a continuance (Docket No. 49) is
DENIED at this time.
Dated this 17th day of July, 2019.
______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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