IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 3, 2012
JOHN FRANCIS, PLAINTIFF,
BACA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
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.