Derwin Jules Jackson v. W. Sullivan, Et Al.

Filing 86

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DERWIN JULES JACKSON, Plaintiff, 12 ORDER FOR PLAINTIFF TO FILE STATUS REPORT WITHIN FOURTEEN DAYS v. 13 14 1:07-cv-00178-DAD-GSA-PC W. SULLIVAN, et al., 15 Defendants. 16 17 18 I. DISCUSSION 19 Derwin Jules Jackson (“Plaintiff”) is a state prisoner proceeding pro se with this civil 20 rights action pursuant to 42 U.S.C. § 1983. On March 30, 2011, the court granted Defendants’ 21 motion for summary judgment and entered judgment against Plaintiff, closing this case. (ECF 22 Nos. 70, 71.) On April 13, 2011, Plaintiff filed a notice of appeal, which was forwarded to the 23 Ninth Circuit Court of Appeals and opened as appeal case #11-15932. (ECF Nos. 72-74.) 24 On April 12, 2017, the Ninth Circuit issued an order reversing the court’s order in part 25 and remanding the case to the district court. (ECF No. 81.) On June 8, 2017, the Ninth Circuit 26 amended its order, affirming in part and reversing in part the court’s order and remanding the 27 case to the district court to proceed against defendants Meadors and Cobbs on Plaintiff’s Eighth 28 Amendment claim for denial of access to the prison yard. (ECF No. 85.) 1 1 Upon receipt of the Ninth Circuit’s mandate, which may be issued within a month, the 2 court anticipates setting a schedule for trial in this case. At this stage of the proceedings, 3 Plaintiff shall be required to file a status report, informing the court whether he intends to 4 continue to litigate this case. 5 II. CONCLUSION 6 Based on the foregoing, IT IS HEREBY ORDERED that: 7 1. Within fourteen (14) days of the date of service of this order, Plaintiff is 8 required to file a status report, informing the court whether he intends to litigate 9 this case; and 10 2. 11 Plaintiff’s failure to comply with this order may result in the dismissal of this case. 12 13 14 15 IT IS SO ORDERED. Dated: June 13, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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