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Herbert Council v. Nash

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE


May 20, 2009

HERBERT COUNCIL, PLAINTIFF,
v.
JOHN NASH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Robert B. Kugler United States District Judge

(Docket Entry Nos. 156, 157)

ORDER

THIS MATTERhaving come before the Court on motions by Plaintiff Herbert Council ("Plaintiff") seeking a continuance of the trial date (Docket Entry No. 156) and seeking a legal furlough (Docket Entry No. 157); and

IT APPEARING TO THE COURT that Plaintiff seeks a continuance of the trial date until after September 9, 2009; and

IT FURTHER APPEARING TO THE COURT that the trial date has already been adjourned until September 21, 2009; and

IT FURTHER APPEARING TO THE COURT that Plaintiff seeks a legal furlough to attend the trial; and

THE COURT NOTING that if Plaintiff is still incarcerated at the time of the trial, his presence may be secured with a writ of habeas corpus, see 28 U.S.C. § 2241; and

THE COURT FINDING that a legal furlough is therefore unnecessary;

IT IS HEREBY ORDERED that Plaintiff's motion for a continuance of the trial date is DISMISSED as moot; and it is further

ORDERED that Plaintiff's motion for a legal furlough is DENIED.

20090520

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