Derwin Jules Jackson v. W. Sullivan, Et Al.
Filing
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ORDER for Plaintiff to File Status Report Within Fourteen Days, signed by Magistrate Judge Gary S. Austin on 6/13/17. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DERWIN JULES JACKSON,
Plaintiff,
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ORDER FOR PLAINTIFF TO FILE
STATUS REPORT WITHIN
FOURTEEN DAYS
v.
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1:07-cv-00178-DAD-GSA-PC
W. SULLIVAN, et al.,
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Defendants.
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I.
DISCUSSION
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Derwin Jules Jackson (“Plaintiff”) is a state prisoner proceeding pro se with this civil
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rights action pursuant to 42 U.S.C. § 1983. On March 30, 2011, the court granted Defendants’
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motion for summary judgment and entered judgment against Plaintiff, closing this case. (ECF
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Nos. 70, 71.) On April 13, 2011, Plaintiff filed a notice of appeal, which was forwarded to the
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Ninth Circuit Court of Appeals and opened as appeal case #11-15932. (ECF Nos. 72-74.)
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On April 12, 2017, the Ninth Circuit issued an order reversing the court’s order in part
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and remanding the case to the district court. (ECF No. 81.) On June 8, 2017, the Ninth Circuit
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amended its order, affirming in part and reversing in part the court’s order and remanding the
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case to the district court to proceed against defendants Meadors and Cobbs on Plaintiff’s Eighth
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Amendment claim for denial of access to the prison yard. (ECF No. 85.)
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Upon receipt of the Ninth Circuit’s mandate, which may be issued within a month, the
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court anticipates setting a schedule for trial in this case. At this stage of the proceedings,
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Plaintiff shall be required to file a status report, informing the court whether he intends to
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continue to litigate this case.
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II.
CONCLUSION
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Based on the foregoing, IT IS HEREBY ORDERED that:
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1.
Within fourteen (14) days of the date of service of this order, Plaintiff is
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required to file a status report, informing the court whether he intends to litigate
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this case; and
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2.
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Plaintiff’s failure to comply with this order may result in the dismissal of this
case.
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IT IS SO ORDERED.
Dated:
June 13, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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