Crim v. Management & Training Corp. et al
ORDER for Plaintiff to Either: (1) Respond in Writing That He Intends to Litigate This Case, OR (2) File a Notice of Voluntary Dismissal of This Case, signed by Magistrate Judge Gary S. Austin on 5/8/17. Ten Day Deadline. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN MICHAEL CRIM,
ORDER FOR PLAINTIFF TO EITHER:
(1) RESPOND IN WRITING THAT HE
INTENDS TO LITIGATE THIS CASE, OR
MANAGEMENT & TRAINING
CORP., et al.,
(2) FILE A NOTICE OF VOLUNTARY
DISMISSAL OF THIS CASE
TEN DAY DEADLINE
John Michael Crim (“Plaintiff”) is a former federal prisoner proceeding pro se with this
civil action. On June 12, 2012, Plaintiff filed the Complaint commencing this action in the Kern
County Superior Court. On August 16, 2012, defendants removed the case to federal court.
(ECF No. 1.) Plaintiff named defendants Management & Training Corp., Adler, Stewart,
Mann, McDonough, Patrick, Logan, McBride, and Sy, and brought claims for threat and
coercion in violation of the Fifth Amendment, loss of privilege under the Fourteenth
Amendment, discrimination, threat to loss of liberty, loss of property and fear of transfer in
violation of the Fifth Amendment, conspiracy, loss of freedom of expression under the First
Amendment, and false imprisonment. Plaintiff alleged in the Complaint that defendants falsely
found him guilty of insolence, took away his property and privileges, housed him in the SHU,
and intimidated him at his new job. On November 26, 2014, the case was dismissed for failure
to state a claim for denial of access to the courts, with prejudice, and judgment was entered on
the same day. (ECF Nos. 29, 30.)
On December 17, 2014, Plaintiff filed a notice of appeal to the Ninth Circuit. (ECF No.
31.) On April 12, 2017, the Ninth Circuit reversed the dismissal of this case and remanded it to
the district court. (ECF No. 37.) The Ninth Circuit’s mandate was issued on May 4, 2017.
(ECF No. 96.) The Ninth Circuit directed the district court to consider Plaintiff’s Complaint
independently of his motion for library access. Accordingly, the court has reopened this case
for further proceedings.
At this stage of the proceedings, the court shall require Plaintiff to respond in writing to
this order within ten (10) days, either: (1) indicating that he intends to litigate this case, or (2)
filing a Notice of Voluntary Dismissal of this case.
Based on the foregoing, IT IS HEREBY ORDERED that within ten (10) days of the
date of service of this order, Plaintiff shall either:
respond in writing that he intends to litigate this case, or
file a Notice of Voluntarily Dismissal of this case.
IT IS SO ORDERED.
May 8, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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