Thomas v. Razo, et al.

Filing 65

ORDER VACATING 59 Order to Show Cause and 62 Findings and Recommendation signed by Magistrate Judge Dennis L. Beck on 1/29/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT THOMAS,

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Plaintiff,
vs.
J RAZO, et al.,
Defendants.

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1:10cv02173 AWI DLB PC
ORDER VACATING ORDER TO SHOW
CAUSE AND FINDINGS AND
RECOMMENDATION
(Documents 59 and 62)

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Plaintiff Robert Thomas (“Plaintiff”) is a California state prisoner proceeding pro se and

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in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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an Eighth Amendment excessive force claim against Defendants Razo, Moreno, Brown, Vera,

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Vasquez and Holguin.
On January 13, 2014, the Court vacated the Telephonic Trial Confirmation Hearing and
trial date based on Plaintiff’s failure to file a pretrial statement, as well as his failure to respond

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to the December 30, 2013, Order to Show Cause.
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On January 14, 2014, the Court issued Findings and Recommendations regarding
dismissal of this action based on Plaintiff’s failure to respond to Court orders.
On January 23, 2014, Plaintiff filed a response to the Order to Show Cause. He states,
under penalty of perjury, that he did not receive his legal mail until January 16, 2014. Plaintiff
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also states that he believed that his pretrial statement was not due until the date of trial, and that it
was a given that his witnesses (i.e., Defendants) would be at trial.

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In the interests of adjudicating cases on the merits, the Court VACATES the Order to
Show Cause and Findings and Recommendations. The Court will issue a separate order setting a
Telephonic Trial Confirmation Hearing and trial date, as well as dates by which the parties’

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pretrial statements and other motions are due.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

January 29, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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