Crim v. Management & Training Corp. et al

Filing 39

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MICHAEL CRIM, Plaintiff, 12 v. 13 14 1:12-cv-01340-AWI-GSA-PC ORDER FOR PLAINTIFF TO EITHER: (1) RESPOND IN WRITING THAT HE INTENDS TO LITIGATE THIS CASE, OR MANAGEMENT & TRAINING CORP., et al., 15 (2) FILE A NOTICE OF VOLUNTARY DISMISSAL OF THIS CASE Defendants. 16 TEN DAY DEADLINE 17 18 19 I. DISCUSSION 20 John Michael Crim (“Plaintiff”) is a former federal prisoner proceeding pro se with this 21 civil action. On June 12, 2012, Plaintiff filed the Complaint commencing this action in the Kern 22 County Superior Court. On August 16, 2012, defendants removed the case to federal court. 23 (ECF No. 1.) Plaintiff named defendants Management & Training Corp., Adler, Stewart, 24 Mann, McDonough, Patrick, Logan, McBride, and Sy, and brought claims for threat and 25 coercion in violation of the Fifth Amendment, loss of privilege under the Fourteenth 26 Amendment, discrimination, threat to loss of liberty, loss of property and fear of transfer in 27 violation of the Fifth Amendment, conspiracy, loss of freedom of expression under the First 28 Amendment, and false imprisonment. Plaintiff alleged in the Complaint that defendants falsely 1 1 found him guilty of insolence, took away his property and privileges, housed him in the SHU, 2 and intimidated him at his new job. On November 26, 2014, the case was dismissed for failure 3 to state a claim for denial of access to the courts, with prejudice, and judgment was entered on 4 the same day. (ECF Nos. 29, 30.) 5 On December 17, 2014, Plaintiff filed a notice of appeal to the Ninth Circuit. (ECF No. 6 31.) On April 12, 2017, the Ninth Circuit reversed the dismissal of this case and remanded it to 7 the district court. (ECF No. 37.) The Ninth Circuit’s mandate was issued on May 4, 2017. 8 (ECF No. 96.) The Ninth Circuit directed the district court to consider Plaintiff’s Complaint 9 independently of his motion for library access. Accordingly, the court has reopened this case 10 for further proceedings. 11 At this stage of the proceedings, the court shall require Plaintiff to respond in writing to 12 this order within ten (10) days, either: (1) indicating that he intends to litigate this case, or (2) 13 filing a Notice of Voluntary Dismissal of this case. 14 II. 15 16 CONCLUSION Based on the foregoing, IT IS HEREBY ORDERED that within ten (10) days of the date of service of this order, Plaintiff shall either: 17 (1) respond in writing that he intends to litigate this case, or 18 (2) file a Notice of Voluntarily Dismissal of this case. 19 20 21 22 IT IS SO ORDERED. Dated: May 8, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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