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John Francis v. Baca

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


October 3, 2012

JOHN FRANCIS, PLAINTIFF,
v.
BACA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

ORDER

This case is presently set for jury trial on October 22, 2012. On October 1, 2012, plaintiff filed a motion for a sixty day extension of time to provide defendants with plaintiff's exhibits, to prepare his opening statement and proposed jury instructions, and other documents necessary for trial. Plaintiff states he is not ready for trial, and that he has been unable to obtain copies of his exhibits*fn1 or complete preparation due to lack of access to the library. Also, plaintiff claims that prison officials are preparing to move plaintiff to Pleasant Valley State Prison. Thus, it appears plaintiff seeks a continuance of the trial date. Due to the rapidly approaching trial date, the court finds good cause to grant plaintiff's request. Therefore, jury trial is continued from October 22, 2012, to December 10, 2012, before the undersigned. In all other respects, the August 28, 2012 pretrial order remains in effect. Plaintiff is cautioned that the court is not inclined to entertain additional requests for continuances of the trial date.

The September 6, 2012 writ of habeas ad testificandum is vacated, and a new writ will issue prior to the December trial date.

IT IS HEREBY ORDERED that:

1. Plaintiff's October 1, 2012 motion for an extension of time (dkt. no. 90) is granted;

2. Jury trial is continued from October 22, 2012, to December 10, 2012, at 9:00 a.m. in Courtroom #6 before the undersigned;

3. The September 6, 2012 writ of habeas corpus ad testificandum (dkt. no. 89) is vacated; and

4. The Clerk of the Court is directed to serve a copy of this order on the Warden of California State Prison, Corcoran, P.O. Box 3461, Corcoran, California 93212-3461, and the Out-To-Court Desk, California State Prison - Sacramento, P.O. Box 290007, Represa, California 95671.


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