Jacobs v. Sullivan et al

Filing 113

ORDER For Plaintiff to Advise Court Whether He Wishes to Delay Trial OR Dismiss Defendant Crotty, signed by Magistrate Judge Gary S. Austin on 11/16/12: FOURTEEN DAY DEADLINE. (Hellings, J)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE E. JACOBS IV, 12 13 14 Plaintiff, vs. W. J. SULLIVAN, et al., 1:05-cv-01625-LJO-GSA (PC) ORDER FOR PLAINTIFF TO ADVISE COURT WHETHER HE WISHES TO DELAY TRIAL OR DISMISS DEFENDANT CROTTY FOURTEEN DAY DEADLINE 15 16 Defendants. __________________________/ 17 Plaintiff George E. Jacobs IV (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action now proceeds 19 on the Third Amended Complaint filed by Plaintiff on May 5, 2010, against defendants Crotty, 20 Nelson, Watson, Chan, McGregor, Alexander, Carrasco, Blankenship, Jobb, Granillo, Johnson, and 21 Salazar aka Adams, for violation of Plaintiff’s rights under the Eighth Amendment. (Doc. 29.) 22 The pretrial deadlines in this case, established by the Court’s scheduling orders, have 23 expired. At this stage of the proceedings, the court would ordinarily schedule the case for trial. 24 However, as Plaintiff is aware, defendant Crotty has filed bankruptcy, and there is an automatic 25 stay of the case against defendant Crotty pending resolution of the bankruptcy. The bankruptcy 26 proceedings are likely to continue for some time. Therefore, at this juncture, Plaintiff shall be 27 28 1 1 required to advise the court whether he wishes to delay the trial until the bankruptcy stay is lifted, 2 or dismiss defendant Crotty from this action and proceed to trial now. 3 Accordingly, IT IS HEREBY ORDERED that within fourteen days from the date of service 4 of this order, Plaintiff shall file a response in writing, advising the court whether he wishes to (1) 5 delay the trial in this action until defendant Crotty’s bankruptcy is resolved, or (2) dismiss 6 defendant Crotty from this action and proceed to trial now. 7 8 9 IT IS SO ORDERED. Dated: 6i0kij November 16, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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