Derwin Jules Jackson v. W. Sullivan, Et Al.
ORDER for Plaintiff to File Status Report Within Fourteen Days, signed by Magistrate Judge Gary S. Austin on 6/13/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DERWIN JULES JACKSON,
ORDER FOR PLAINTIFF TO FILE
STATUS REPORT WITHIN
W. SULLIVAN, et al.,
Derwin Jules Jackson (“Plaintiff”) is a state prisoner proceeding pro se with this civil
rights action pursuant to 42 U.S.C. § 1983. On March 30, 2011, the court granted Defendants’
motion for summary judgment and entered judgment against Plaintiff, closing this case. (ECF
Nos. 70, 71.) On April 13, 2011, Plaintiff filed a notice of appeal, which was forwarded to the
Ninth Circuit Court of Appeals and opened as appeal case #11-15932. (ECF Nos. 72-74.)
On April 12, 2017, the Ninth Circuit issued an order reversing the court’s order in part
and remanding the case to the district court. (ECF No. 81.) On June 8, 2017, the Ninth Circuit
amended its order, affirming in part and reversing in part the court’s order and remanding the
case to the district court to proceed against defendants Meadors and Cobbs on Plaintiff’s Eighth
Amendment claim for denial of access to the prison yard. (ECF No. 85.)
Upon receipt of the Ninth Circuit’s mandate, which may be issued within a month, the
court anticipates setting a schedule for trial in this case. At this stage of the proceedings,
Plaintiff shall be required to file a status report, informing the court whether he intends to
continue to litigate this case.
Based on the foregoing, IT IS HEREBY ORDERED that:
Within fourteen (14) days of the date of service of this order, Plaintiff is
required to file a status report, informing the court whether he intends to litigate
this case; and
Plaintiff’s failure to comply with this order may result in the dismissal of this
IT IS SO ORDERED.
June 13, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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