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McNeal v. Fleming

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 8, 2008

VERNON WAYNE MCNEAL, PLAINTIFF,
v.
FLEMING, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On July 28, 2008, plaintiff filed a request to continue for thirty days the date set for jury trial in this matter. Defendants have filed a statement of non-opposition to plaintiff's request.

This action has been pending for almost six years. An amended pretrial order was issued over two years ago, and the matter is ready for trial. Numerous continuances of the trial date have already been granted to the parties and entered on the court's motion. No further requests for continuance will be granted.*fn1

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff's July 28, 2008 request for continuance is denied;

2. The jury trial set for October 6, 2008 at 9:00 a.m. is confirmed;

3. The pretrial documents filed by plaintiff in January 2008 will be reviewed by the court in connection with the October 6, 2008 trial and need not be refiled by plaintiff;

4. The Clerk of the Court is directed to send plaintiff a copy of the public docket for this action; and

5. Plaintiff may, as appropriate, renew any motion in limine previously denied without prejudice due to continuance of the trial date by filing a notice of renewal of motion(s) that incorporates by reference to the relevant docket number the motion(s) he seeks to renew.


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