Puckett v. Corcoran Prison - CDCR, et al.

Filing 91

ORDER DIRECTING Defendants to File Status Report by Wednesday, December 18, 2013, at 12:00 p.m., signed by Magistrate Judge Dennis L. Beck on 12/17/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT,

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Case No. 1:11-cv-01565 LJO-DLB PC

Plaintiff,

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ORDER DIRECTING DEFENDANTS
TO FILE STATUS REPORT BY
WEDNESDAY, DECEMBER 18, 2013,
AT 12:00 P.M.

v.

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LEWIS, et al.,

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Defendants.

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Plaintiff Durrell Anthony Puckett (“Plaintiff”) is proceeding pro se and in forma pauperis in

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this civil action pursuant to 42 U.S.C. § 1983. Pursuant to the July 25, 2013, Second Scheduling

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Order, this matter is set for trial on January 7, 2014. The action is proceeding on (1) an Eighth

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Amendment excessive force claim against Defendants Keener, Johnson, and Guajardo; and (2) a

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retaliation claim against Defendant Keener based on his ordering of the August 24, 2010, attack, and

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his alleged destruction of Plaintiff’s legal property.
On December 6, 2013, the Court held the mandatory Telephonic Trial Confirmation Hearing

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before the Honorable Lawrence J. O’Neill, United States District Court Judge.1 Mitchell Wrosch

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appeared telephonically on behalf of Defendants. Plaintiff did not appear.

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The hearing was set by order dated July 25, 2013.

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Based on Plaintiff’s failure to appear, the Court issued an order to show cause on December

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16, 2013. Plaintiff was ordered to show cause, within ten days, why this action should not be

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dismissed for his failure to appear at the mandatory hearing without explanation.
On December 16, 2013, Defendants’ counsel filed a declaration indicating that he has been

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informed that Plaintiff, who is now in the custody of the Department of State Hospitals (“DSH”), is

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considered an extreme security risk and that extraordinary measures must be taken when Plaintiff is

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removed from his cell. Wrosch Decl. ¶ 7. Counsel was informed that in the days prior to the

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December 6, 2013, hearing, CDCR staff met with DSH staff to discuss how to safely and securely

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remove Plaintiff from his cell in order to use the phone. Wrosch Decl. ¶ 8. On December 6, 2013,

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DSH failed to transfer Plaintiff to a telephone, though Counsel has not been provided with any

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information as to why Plaintiff was not made available. Wrosch Decl. ¶ 9. Counsel does not have a

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contact person at DSH to obtain additional information.

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Plaintiff did not file a response to the order to show cause.

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Accordingly, in light of Defendants’ information and the upcoming January 7, 2014, trial

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date, Defendants are ORDERED to file a status report, NO LATER than Wednesday, December 18,

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2013, at 12:00 p.m., setting forth their input has to how this action should proceed.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

December 17, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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