United States District Court, D. Minnesota
Deshon Andrews, Sherburne County Jail, pro se
L. Gerdts, Minneapolis, MN, standby counsel for Defendant
Jeffrey Paulsen and Samantha Bates, United States
Attorney's Office, for the Government
ORDER GRANTING DEFENDANT'S MOTION FOR A
RICHARD NELSON, UNITED STATES DISTRICT JUDGE
the Court is Defendant Norris Deshon Andrews' Letter
Request for a Continuance and Hearing [Doc. No. 197], which
the Court construes as a motion for a continuance
(“Motion for a Continuance”). The Court held a
status conference and hearing on this matter on May 28, 2019.
For the reasons set forth below, Defendant's motion is
granted, although not on the grounds that he provides in
support of his written request.
connection with Defendant's motion and consistent with 18
U.S.C. § 3161(h)(7)(A), the Court makes the following
FINDINGS OF FACT:
Defendant is self-represented and is in pretrial custody at
the Sherburne County Jail. His standby counsel is Daniel
Previously, this Court set a trial date of June 10, 2019 for
Defendant's trial, with pretrial deadlines of May 23,
2019 for all trial documents, including trial briefs, motions
in limine, voir dire and proposed jury instructions.
(See Order & Trial Notice [Doc. No. 173] at 2.)
The Government has filed its pretrial submissions [Doc. Nos.
204, 206, 207, 212].
the instant motion, dated May 10, 2019, and filed with the
Court on May 15, 2019, Defendant requests a continuance with
respect to the trial date and pretrial deadlines. (Def.'s
Mot. at 1.)
his motion, Mr. Andrews argues that a continuance is
necessary because the Government has not timely provided
evidence necessary for the preparation of his pro se defense.
May 21, 2019, Defendant's standby counsel, Mr. Gerdts,
filed a status report with the Court in which he noted that
Mr. Andrews had recently broken his leg during recreational
activities at the jail. (Standby Counsel Letter at 1 [Doc.
No. 201].) This injury appears to have occurred after Mr.
Andrews filed the instant motion. On a visit with Mr. Andrews
following his injury, Mr. Gerdts observed that Mr. Andrews
was in a wheelchair and his leg was medically immobilized.
(Id.) The fracture required surgery. (Id.)
Doctors have informed Defendant that additional surgery is
Sherburne County Jail appears to place inmates with medical
concerns, such as Mr. Andrews' medical issue, in
administrative segregation. (See id.) Because Mr.
Andrews is confined in administrative segregation, he has
very limited access to the tools necessary to actively review
case materials, draft pleadings, and prepare for trial.
(Id. at 2.)
Gerdts states that being in segregation, combined with Mr.
Andrews' newly limited mobility and health issues, make
it impossible for him to provide timely pro se notices and
trial pleadings. (Id.)
the hearing and status conference on the instant motion, held
on May 28, 2019 before the undersigned judge, Mr. Andrews
appeared in a wheelchair, with his leg immobilized. Mr.
Andrews stated that in addition to future surgery this
summer, his leg is expected to be in a cast for approximately
two months. He agreed that the effect of this injury,