Hunter v. Youngblood et al

Filing 63

ORDER Granting Plaintiff An Extension Of Time To File A Second Status Report (Doc. 62 ), Sixty-Day Deadline, signed by Magistrate Judge Sheila K. Oberto on 8/27/2012.(Second Status Report Deadline: 11/1/2012) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEROY DEWITT HUNTER,

CASE NO. 1:07-cv-01126-AWI-SKO PC

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Plaintiff,

ORDER GRANTING PLAINTIFF AN
EXTENSION OF TIME TO FILE A SECOND
STATUS REPORT

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v.
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DONNY YOUNGBLOOD, et al.,

(Doc. 62)

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Defendants.

SIXTY-DAY DEADLINE

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/
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Plaintiff Leroy Dewitt Hunter, who was proceeding pro se, filed this civil rights action

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pursuant to 42 U.S.C. § 1983 on August 3, 2007. This action is proceeding on Plaintiff’s second

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amended complaint, filed on December 16, 2010, against Defendant Parker for use of excessive

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physical force, in violation of the Due Process Clause of the Fourteenth Amendment.1

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On June 27, 2012, the Court appointed counsel for Plaintiff and granted counsel sixty days

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within which to review the record and undertake any initial investigatory steps he deemed necessary,

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including but not limited to meeting and conferring with Plaintiff and/or Defendant’s counsel.

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Plaintiff’s counsel was ordered to file a status report within sixty days regarding his ability to file a

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response to Defendant’s pending motion for summary judgment. The Court stated that if both parties

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sought any amendments to the scheduling order in light of counsel’s appointment, they should, if

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possible, reach an agreement and file a joint stipulation to modification of the scheduling order.

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It appears Plaintiff was a pretrial detainee at the time of the incident.

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On August 24, 2012, Plaintiff’s counsel filed his status report. Counsel has undertaken some

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investigatory steps, including conversing with Defendant’s counsel. However, Plaintiff is no longer

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located at the Lerdo Pretrial Facility in Bakersfield and contact has not yet been established with

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him, as there is some question as to his location, which counsel represents may now be California

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State Prison-Solano. Counsel seeks an additional sixty days.

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Under the circumstances set forth in the status report, good cause exists to grant an additional

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sixty days. Fed. R. Civ. P. 6(b)(1). To the extent counsel is willing and able to visit Plaintiff at least

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once in person, he may contact Sujean Park at [e-mail] or [phone] for

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preapproval of any reasonable expenses necessary to undertake that visit. At this juncture, however,

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Plaintiff’s location appears to be unknown. The Court checked with the California Department of

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Corrections and Rehabilitation on August 27, 2012, and it was told that Plaintiff paroled to Region

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4 on August 20, 2012.

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Based on the foregoing, Plaintiff’s motion for an extension of time is HEREBY GRANTED,

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and Plaintiff has an additional sixty (60) days from the date of service of this order within which to

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file a second status report.

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IT IS SO ORDERED.

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Dated:
ie14hj

August 27, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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