Blacher v. Johnson et al
Filing
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ORDER on Plaintiff's 66 Petition for Reissuance of all Details Concerning Initial Disclosures/Relief from any Unintended Default signed by Magistrate Judge Erica P. Grosjean on 10/31/2016. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:12-cv-01159-EPG (PC)
MARLON BLACHER,
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ORDER ON PLAINTIFF’S PETITION FOR
REISSUANCE OF ALL DETAILS
CONCERNING INITIAL
DISCLOSURES/RELIEF FROM ANY
UNINTENDED DEFAULT
(ECF NO. 66)
Plaintiff,
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v.
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S. JOHNSON,
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Defendant.
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Marlon Blacher (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action pursuant to 42 U.S.C. ' 1983. On October 17, 2016, Plaintiff filed a
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petition for reissuance of all details concerning initial disclosures/relief from any unintended
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default. (ECF No. 66).
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According to Plaintiff, on September 10, 2016, he was put in administrative
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segregation. When being placed in administrative segregation, several correctional officers
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packed Plaintiff’s possessions into boxes, disrupting the order with in which Plaintiff’s legal
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documents were arranged. On or about October 3, 2016, Plaintiff was transferred to California
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State Prison-Solano. Shortly after arriving, Plaintiff was forced, by means of duress and undue
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influence, to discard many of the legal documents in his possession, including the Order
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Requiring Initial Disclosures and Setting Mandatory Scheduling Conference.
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The Court does not make any findings regarding Plaintiff’s allegations. However,
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because Plaintiff needs a copy of the Order Requiring Initial Disclosures and Setting
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Mandatory Scheduling Conference (ECF No. 51), and because he apparently no longer has the
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document in his possession, the Court will order that a copy be provided. However, the Court
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will not issue a blanket order forgiving Plaintiff for all potential defaults. If after reviewing the
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Order Requiring Initial Disclosures and Setting Mandatory Scheduling Conference Plaintiff
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determines that he needs relief from a deadline that he missed, he can file a motion requesting
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that relief. However, as the Court noted on the record at the scheduling conference on October
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31, 2016, the Court will excuse Plaintiff’s failure to file a scheduling conference statement.
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ACCORDINGLY, it is ordered:
1. Plaintiff’s request for a copy of the Order Requiring Initial Disclosures and Setting
Mandatory Scheduling Conference is GRANTED;
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2. Plaintiff’s request to be excused from all potential defaults is GRANTED with respect
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to Plaintiff’s failure to file a scheduling conference statement and DENIED as to any
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other missed deadlines; and
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3. The Clerk of Court is directed to send Plaintiff a copy of the Order Requiring Initial
Disclosures and Setting Mandatory Scheduling Conference (ECF No. 51).
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IT IS SO ORDERED.
Dated:
October 31, 2016
/s/
UNITED STATES MAGISTRATE JUDGE
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