Thomas Cavner v. Erica Weinstein et al

Filing 44

ORDER for Defendants to File Pretrial Statement Within Twenty Days, signed by Magistrate Judge Gary S. Austin on 10/20/2010. Defendants' Pretrial Statement due by 11/9/2010. (Jessen, A)

(PC) Thomas Cavner v. Erica Weinstein et al

Doc. 44

1 2 3 4 5 6 7 8 9 10 11 THOMAS CAVNER, 12 13 vs. Plaintiff, 1:07-cv-00184-GSA-PC ORDER FOR DEFENDANTS TO FILE PRETRIAL STATEMENT WITHIN TWENTY DAYS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

14 ERICA WEINSTEIN, et al., 15 Defendants. 16 ___________________________/ 17 Thomas Cavner ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis

18 with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on February 19 2, 2007. (Doc. 1.) The parties have consented to Magistrate Judge jurisdiction pursuant to 28 20 U.S.C. § 636(c), and on June 7, 2010, the case was reassigned to United States Magistrate Judge 21 Gary S. Austin to conduct any and all further proceedings in the case, including trial and entry of 22 final judgment. (Docs. 35, 39, 40.) This case now proceeds on Plaintiff's original complaint, 23 against defendants Erica Weinstein and Thomas Voss ("Defendants"), for failing to provide 24 Plaintiff with adequate medical treatment, in violation of the Eighth Amendment. 25 On March 11, 2010, the court issued a Second Scheduling Order in this action,

26 scheduling a jury trial and requiring the parties to file pretrial statements. (Doc. 32.) Neither 27 party complied with the court's order to file pretrial statements. On September 8, 2010, the court 28 vacated the trial and ordered Plaintiff to show cause why this action should not be dismissed 1
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1 based on his failure to comply with the court's order. (Doc. 42.) On October 15, 2010, Plaintiff 2 filed a pretrial statement, asserting that he previously submitted a pretrial statement, as ordered, 3 which somehow was not received by the court. (Doc. 43.) At this juncture, Defendants are 4 required to file their pretrial statement. 5 Accordingly, IT IS HEREBY ORDERED that within twenty days of the date of service of

6 this order, Defendants shall file their pretrial statement, pursuant to the court's order of March 7 11, 2010. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 6i0kij

October 20, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE