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Raekubian A. Barrow v. Warden California Medical Facility

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


September 21, 2012

RAEKUBIAN A. BARROW,
PLAINTIFF,
v.
WARDEN CALIFORNIA MEDICAL FACILITY, CORCORAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION HEARING FOR ORDER (ECF NO. 54) TO ATTEND COURT

Plaintiff Raekubian A. Barrow, a state prisoner proceeding pro se and in forma pauperis filed this civil rights action on February 1, 2010 pursuant to 42 U.S.C. § 1983. (ECF No. 1.) This matter proceeds on Plaintiff's Second Amended Complaint which states an Eighth Amendment claim against Defendant Martinez. (ECF No. 33.) On July 3, 2012, Defendant Martinez filed his Answer. (ECF No. 48.) On September 20, 2012, Plaintiff filed a Motion for Order to Attend Court Hearing (ECF No. 54). It is that motion which is now before the Court.

Plaintiff's Motion is denied. This matter is in discovery. No trial date has been set. No hearing has been calendared. Motions in prisoner actions are submitted upon the record without oral argument unless otherwise ordered by the Court. Local Rule 230(l). If the Court determines a hearing is necessary in a prisoner matter, a telephonic appearance can be arranged. The Court will issue appropriate transportation orders if and when this matter proceeds to trial.

Accordingly, for the foregoing reasons, Plaintiff's Motion for Order to Attend Court Hearing (ECF No. 54) is HEREBY DENIED.

IT IS SO ORDERED.

20120921

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