Moore v. Gipson et al

Filing 54

ORDER Regarding November 3, 2017 and November 13, 2017 Status Reports; ORDER DIRECTING Parties to File Further Joint Status Report within Thirty (30) Days,signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2017. (Case Management Deadline: 30-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MERRICK JOSE MOORE,

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Plaintiff,

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v.
GIPSON, et al,
Defendants.

Case No. 1:13-cv-01820-DAD-BAM (PC)
ORDER REGARDING NOVEMBER 3, 2017
AND NOVEMBER 13, 2017 STATUS
REPORTS
ORDER DIRECTING PARTIES TO FILE
FURTHER JOINT STATUS REPORT
WITHIN THIRTY (30) DAYS

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Plaintiff Merrick Jose Moore (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On August 8, 2017, Defendants filed a motion to compel pursuant to Federal Rule of Civil

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Procedure 37(a)(3)(B). (ECF No. 43.) On October 5, 2017, the Court issued an order directing

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the parties to meet and confer regarding their discovery dispute, and to file a joint statement

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following the parties’ conference. The Court further stayed further briefing on Defendants’

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motion to compel. (ECF No. 48.)

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The parties’ Joint Statement Regarding Meet-and-Confer Conference, filed on October 11,

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2017, indicated that Plaintiff’s legal property was currently misplaced due to Plaintiff’s multiple

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prison transfers. The parties therefore requested that the briefing schedule for Defendants’

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motion to compel remain stayed. (ECF No. 49.) On October 12, 2017, the Court granted a

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further stay of briefing on the motion to compel, and directed the parties to file a joint status
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report within thirty days. (ECF No. 50.)

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Currently before the Court are status reports filed by Plaintiff on November 3, 2017, and

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by Defendants on November 13, 2017. (ECF Nos 51, 53.) Both indicate that Plaintiff has not yet

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received his legal property. Additionally, Plaintiff was recently transferred from the California

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Men’s Colony to the R. J. Donovan Correctional Facility, and his property had been sent to

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Plaintiff via overnight mail on November 9, 2017. (ECF No. 53, p. 2.) The parties again

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provided no timeline for when Plaintiff will obtain his legal property, and defense counsel was

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unable to confirm whether Plaintiff’s transferred property included any of Plaintiff’s missing

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legal property. (Id.)

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The Court finds that the parties have adequately established the need for the stay of

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briefing on Defendants’ motion to compel to continue, to allow Plaintiff to obtain his legal

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property. The Court further finds that it will be beneficial to receive a joint status report from the

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parties.

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Accordingly, IT IS HEREBY ORDERED that the parties shall file a joint status report

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within THIRTY (30) days of the date of service of this order. The parties shall address what

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efforts have been made to locate and return Plaintiff’s legal property, and what items, if any, are

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missing and necessary for Plaintiff to respond to Defendants’ discovery requests.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 15, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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