Warner v. Cate et al
Filing
152
ORDER: (1) Directing Clerk of Court to Resend Local Rule 281; (2) Directing Plaintiff to File Pretrial Statement Within Seven (7) Days of This Order; (3) Directing Defendants to File Pretrial Statement on or Before January 20, 2017, signed by Magistrate Judge Michael J. Seng on 1/5/2017. (Attachments: # 1 Local Rule 281)(Hellings, J)
1
2
3
4
5
6
7
8
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
11
12
EARL WARNER,
13
Plaintiff,
14
15
v.
CASE No. 1:12-cv-01146-MJS (PC)
ORDER:
(1) DIRECTING CLERK OF COURT TO
RESEND LOCAL RULE 281
M. CATE, et al.,
16
Defendants.
17
18
(2) DIRECTING PLAINTIFF TO FILE
PRETRIAL STATEMENT WITHIN
SEVEN (7) DAYS OF THIS ORDER
(3) DIRECTING DEFENDANTS TO FILE
PRETRIAL STATEMENT ON OR
BEFORE JANUARY 20, 2017
19
20
SEVEN (7) DAY DEADLINE
21
22
23
24
25
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s
first amended complaint against Defendants Walker, Davis, Prokop1, Spralding, and
26
27
28
1
Formerly Defendant D. McGaha.
1
Fellows for failure to protect in violation the Eighth Amendment to the United States
2
Constitution.
3
Trial in this case is set for March 29, 2017. (ECF No. 144.) Plaintiff’s Local Rule
4
281 pretrial statement was due on December 8, 2016. (ECF No. 113.) It was not
5
received by that date. On December 19, 2016, the Court ordered Plaintiff to show cause
6
why his case should not be dismissed for failure to obey its order as to the pretrial
7
statement. (ECF No. 145.) On January 4, 2017, Plaintiff’s responded that he was unable
8
to prepare a pretrial statement because of his lack of legal training, difficulty obtaining
9
assistance within his institution, and inability to find a copy of Local rule 281. (ECF No.
10
151.)
11
Plaintiff’s response is not well-taken. The Court previously sent Plaintiff a copy of
12
Local Rule 281. (See ECF No. 113.) Plaintiff’s pro se does not excuse him from
13
complying with Court orders and deadlines.
14
Nevertheless, the Court would prefer to have Plaintiff’s claims heard on the merits
15
rather than disposed based on Plaintiff’s failure to comply with procedural requirements.
16
17
18
19
20
21
22
Accordingly, the Court will give Plaintiff one final extended opportunity to comply. He
will have seven days from the date of this order to prepare and submit a pretrial
statement in full compliance with Local Rule 281. (The Clerk of Court will be directed to
resend another copy of that rule to Plaintiff.) A repeat failure to comply with this Order
and its deadline will result in Plaintiff having to proceed to trial without witnesses or
exhibits (as same must be timely disclosed in a pretrial statement) and possibly cause
dismissal of the case.
Defendants will now be directed to file their own pretrial statement on or before
23
24
January 20, 2017, regardless of whether Plaintiff timely files his. The telephonic trial
confirmation hearing set for February 2, 2017 will proceed as scheduled. (See ECF No.
25
113.)
26
Accordingly, it is HEREBY ORDERED THAT:
27
28
1.
The Clerk of Court shall send Plaintiff a copy of Local Rule 281.
2
1
2.
Within seven days of service of this Order, Plaintiff shall file his pretrial
2
statement. Failure to comply with this order will result in Plaintiff
3
having to proceed to trial without witnesses or exhibits and possibly
4
in dismissal of his case.
5
3.
Defendants shall file their pretrial statement on or before January 20, 2017.
6
4.
No further extensions will be granted.
7
8
9
IT IS SO ORDERED.
Dated:
January 5, 2017
/s/
10
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?