Thomas v. Razo, et al.

Filing 72

ORDER DISCHARGING 70 Order to Show Cause and ORDER Setting New Date for Telephonic Trial Confirmation Hearing, signed by Magistrate Judge Dennis L. Beck on 8/22/2014. Trial Confirmation Hearing set for 9/29/2014 at 03:00 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT THOMAS,

1:10cv02173 AWI DLB PC

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Plaintiff,
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v.

ORDER DISCHARGING ORDER
TO SHOW CAUSE
(Document 70)

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J. RAZO, et al.,
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Defendants.

ORDER SETTING NEW DATE FOR
TELEPHONIC TRIAL CONFIRMATION
HEARING

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September 29, 2014, at 3:00 p.m.
Courtroom 2 (AWI)

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Plaintiff Robert Thomas (“Plaintiff”) is a California state prisoner proceeding pro se and in
forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on an
Eighth Amendment excessive force claim against Defendants Razo, Moreno, Brown, Vera, Vasquez
and Holguin.
On February 3, 2014, the Court issued an Amended Second Scheduling Order setting a
telephonic trial confirmation hearing for September 2, 2014, and trial for October 15, 2014. The
order required Plaintiff to file a pretrial statement, along with any motions for incarcerated
witnesses, no later than August 5, 2014.
On August 14, 2014, after Plaintiff failed to file his pretrial statement, the Court issued an
order to show cause why the action should not be dismissed for failure to follow a Court order and
failure to prosecute.

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On August 22, 2014, the Court received Plaintiff’s pretrial statement. The statement was

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signed and dated August 5, 2014. Plaintiff has not filed any motions for attendance of incarcerated

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witnesses.

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Accordingly, the Court DISCHARGES the order to show cause.

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The Court also VACATES the September 2, 2014, telephonic trial confirmation hearing date.

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The telephonic trial confirmation hearing is now SET for September 29, 2014, at 3:00 p.m. in

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Courtroom 2.

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Defendants’ pretrial statement SHALL be due no later than September 15, 2014. The
procedures outlined in the February 3, 2014, Amended Second Scheduling Order remain in effect.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 22, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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