Simmons v. Hedgpeth

Filing 108

ORDER STAYING Proceedings in This Matter Pending Resolution of Plaintiff's Medical Condition and Directing Defense Counsel to Provide a Status Report Within Thirty Days 105 , 107 , signed by Magistrate Judge Stanley A. Boone on 1/16/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER I. SIMMONS,

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Plaintiff,

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v.

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GRISSOM, et al.,

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Defendants.

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ORDER STAYING PROCEEDINGS IN THIS
MATTER PENDING RESOLUTION OF
PLAINTIFF’S MEDICAL CONDITION AND
DIRECTING DEFENSE COUNSEL TO PROVIDE
A STATUS REPORT WITHIN THIRTY DAYS
[ECF Nos. 105, 107]

action pursuant to 42 U.S.C. § 1983.
On January 12, 2015, Plaintiff filed a motion to extend the scheduling deadlines pending

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Case No.: 1:07-cv-01058-LJO-SAB (PC)

Plaintiff Christopher I. Simmons is appearing pro se and in forma pauperis in this civil rights

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receipt of his legal materials. (ECF No. 105.)

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On January 15, 2015, Defendants filed a statement of non-opposition. The Court

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acknowledges and appreciates defense counsel’s diligence in addressing Plaintiff’s situation and

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compliance with the Local Rules by filing a response to Plaintiff’s motion.
On July 22, 2014, Defendants Akanno, Grissom, St. Lucia, and Rients filed an answer to

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Plaintiff’s first amended complaint. (ECF No. 89.) On July 23, 2014, the Court issued a discovery

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and scheduling order, and the deadline for discovery is set to expire on March 23, 2015. (ECF No.

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90.)

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In his motion, Plaintiff indicates that he was recently transferred to Atascadero State Hospital

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and is presently without his legal materials which are in the custody of the California Department of

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Corrections and Rehabilitation (CDCR). Without his legal materials Plaintiff has been unable to

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conduct discovery. Plaintiff requests the Court make an allowance for the time he has been without

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his materials, and he requests the Court “issue an order so that Plaintiff’s legal materials can be

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expeditiously provided to him to allow him to proceed” with discovery. (ECF No. 105, Mot. p. 1.)

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After receiving notice of Plaintiff’s motion, defense counsel immediately contacted A.

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DeLong, the litigation coordinator at Atascadero State Hospital. Ms. DeLong confirmed that Plaintiff

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was transferred to Atascadero from the California Medical Facility on December 5, 2014, as a “Code

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2684-Psych & Return” patient. Accordingly to Ms. DeLong, this code is reserved for CDCR inmates

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who are transferred to Department of State Hospitals for psychiatric treatment. (Delgado Decl. at ¶ 4.)

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Ms. DeLong explained that because “2684 transfers” are only temporary, the inmates’ personal

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property is not transferred with them. (Id.) Inmates transferred under this code are returned to the

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sending institution as soon as they are psychiatrically stable. (Id.) Ms. DeLong indicated this is the

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reason why Plaintiff does not have his legal property at Atascadero. (Id.) She was not able to provide

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an estimate of the time when Plaintiff will be returned to the California Medical Facility. (Id.)

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In light of Plaintiff’s present circumstances as explained and confirmed by Ms. DeLong,

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defense counsel does not oppose Plaintiff’s motion to modify the scheduling order. Defendants

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request, however, that in lieu of resetting any dates now, the Court impose a brief stay of the

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proceedings until after Plaintiff’s medical issues are resolved and he has returned to the California

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Medical Facility, where his legal property is located. Defense counsel submits that he will provide a

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status report every thirty days at the Court’s request.

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On the basis of good cause, IT IS HEREBY ORDERED that:

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return to the California Medical Facility;

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Plaintiff’s motion is GRANTED and the instant proceedings are stayed until Plaintiff’s

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Defense counsel is directed to file a status report within thirty days from the date of

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service of this order and every thirty days thereafter until Plaintiff is return to the

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California Medical Facility. If counsel becomes aware of circumstances that would
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warrant the status report to be filed more or less than every thirty days, counsel may

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notify the Court of such circumstance; and
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After Plaintiff is returned to the California Medical Facility, the Court will issue a
subsequent briefing schedule as to the discovery and dispositive motion deadlines.

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IT IS SO ORDERED.

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Dated:

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January 16, 2015
UNITED STATES MAGISTRATE JUDGE

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