Shehee v. Nguyen et al

Filing 60

ORDER DIRECTING Plaintiff to File Notice of Intent to Withdraw or Pursue Motion to Compel; Fourteen Day Deadline signed by Magistrate Judge Michael J. Seng on 2/24/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

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v.

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NGUYEN, et al.,

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Case No.: 1:14-cv-01154-LJO-MJS (PC)
ORDER DIRECTING PLAINTIFF TO FILE
NOTICE OF INTENT TO WITHDRAW OR
PURSUE MOTION TO COMPEL
(ECF Nos. 54 & 59)

Defendants.

FOURTEEN DAY DEADLINE

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action filed pursuant to 42 U.S.C. § 1983. The case proceeds on Plaintiff’s third

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amended complaint against Defendants Audrey Long, April Leavens, Long Moua, and

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Kim Nguyen for denying Plaintiff a cane and access to educational services in violation

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of the Americans with Disabilities Act (“ADA”) and the Eighth Amendment of the United

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States Constitution. (ECF No. 34.)

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On January 26, 2017, Plaintiff filed a motion to compel. (ECF No. 54.) Defendants

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did not file an opposition. Rather, on February 23, 2017, Defendants filed a notice stating

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that on February 14, 2017, Plaintiff served Defendants with a notice of intention to

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withdraw his motion to compel. (ECF No. 59.) Plaintiff did not file the same with the

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Court.

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The Court cannot deem Plaintiff’s motion to compel withdrawn unless Plaintiff files
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a request to withdraw with the Court.

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Accordingly, within fourteen (14) days of this order, Plaintiff must file with the

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Court a notice stating his intention to either withdraw or pursue his motion to compel.

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Failure to respond to this order may result in Plaintiff’s case being dismissed for failure to

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obey a Court order.

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IT IS SO ORDERED.
Dated:

February 24, 2017

/s/

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UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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