Larry A Jackson v. Sue Hughes

Filing 48

MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Patrick J. Walsh: In April 2003, the Court issued a stay of proceedings pending the outcome of Hydrick, et al. v. Wilson, CV 98-7167-TJH (RNBx)--a case which may be controlling on all issues r aised by Plaintiffs Complaint. At that time, the Court denied all pending motions without prejudice.In August 2007, the Ninth Circuit issued an amended opinion in Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007). In May 2009, the Supreme Court vacat ed that decision in light of Ashcroft v. Iqbal, 556 U.S. ___ (2009). See Hunter v. Hydrick, --- S. Ct. ---, 2009 WL 1443637 (May 26, 2009). Before the Court lifts the stay and places the matter back on calendar, Plaintiff is ordered to notify the C ourt no later than September 21, 2009, his position on whether he intends to pursue this case or not. If he does not file anything, the stay will be lifted and the case will be dismissed for failure to prosecute. The parties are requested to discuss the applicability of Iqbal in any motion (or opposition). (im)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 01-4041-TJH (PJW) Date August 20, 2009

Larry A. Jackson v. Sue Hughes Patrick J. Walsh, Magistrate Judge None Court Reporter / Recorder None Tape No.

Present: The Honorable Isabel Martinez Deputy Clerk

Attorneys Present for Plaintiff: None Proceedings: Status (In Chambers)

Attorneys Present for Defendant: None

In April 2003, the Court issued a stay of proceedings pending the outcome of Hydrick, et al. v. Wilson, CV 98-7167-TJH (RNBx)--a case which may be controlling on all issues raised by Plaintiff's Complaint. At that time, the Court denied all pending motions without prejudice.1 In August 2007, the Ninth Circuit issued an amended opinion in Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007). In May 2009, the Supreme Court vacated that decision in light of Ashcroft v. Iqbal, 556 U.S. ___ (2009). See Hunter v. Hydrick, --- S. Ct. ---, 2009 WL 1443637 (May 26, 2009). Before the Court lifts the stay and places the matter back on calendar, Plaintiff is ordered to notify the Court no later than September 21, 2009, his position on whether he intends to pursue this case or not. If he does not file anything, the stay will be lifted and the case will be dismissed for failure to prosecute.2 The parties

The Court notes this case was terminated by clerical error on August 19, 2002. (See Docket No. 34.) The Court issued an order on August 23, 2002, to rectify that error. (See Docket No. 35.) The Court notes that it issued a June 12, 2009 Order directing Plaintiff to advise the Court his position on whether he intends to pursue this case or not. That Order was sent to Plaintiff's last known address at Atascadero State Hosiptial. Plaintiff did not respond to that Order and the Order was not returned as undeliverable. Though Plaintiff has not updated his address, in the Court's recent experience, many sexually violent predators housed at Atascadero State Hospital have been moved to Coalinga State Hospital. Therefore, the clerk is directed to send this Order to Plaintiff's attention at both
CV-90 (12/02) CIVIL MINUTES - GENERAL Page 1 of 2
2

1

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL are requested to discuss the applicability of Iqbal in any motion (or opposition). Larry A. Jackson 047741-4 /U32 P.O. Box 7001 Atascadero, CA 93423 Eric D. Bates Deputy Attorney General 300 S. Spring St., Rm. 5212 Los Angeles, CA 90013

: Initials of Preparer im

S:\PJW\Cases-Civil Rights\JACKSON, L, 4041\MO_status3.wpd

the Atascadero State Hospital address and also to the Litigation Coordinator at Coalinga State Hospital.
CV-90 (12/02) CIVIL MINUTES - GENERAL Page 2 of 2