Windham v. Marin et al
ORDER Setting Telephonic Status Conference signed by Magistrate Judge Barbara A. McAuliffe on 07/12/2017. Telephonic Status Conference set for 7/28/2017 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CHARLES W. WINDHAM,
Case No. 1:14-cv-01636-DAD-BAM (PC)
ORDER SETTING TELEPHONIC STATUS
Date: July 28, 2017
Time: 9:30 a.m.
M. MARIN, et al.,
Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
Plaintiff’s Eighth Amendment claims of excessive force against Defendants M. Marin, D. Uribe,
W. Rasley, J. Contreras, A. Capano, R. Rubio, and Doe #1, and for deliberate indifference to
serious medical needs against Defendants C. Navarro, V. Morales, M. Marin, and S. Shiver.
Currently pending before the Court are: Defendants’ motion for summary judgment based
on Plaintiff’s failure to exhaust administrative remedies, (ECF No. 49); Plaintiff’s motion for
sanctions and contempt, (ECF No. 100); Plaintiff’s motion for evidentiary hearing, (ECF No.
101); and Defendants’ motion for terminating sanctions, or in the alternative, motion for
evidentiary sanctions, (ECF No. 105).
In support of his motions for sanctions, contempt, and evidentiary hearing, Plaintiff
contends that Defendants continue to withhold his legal property in violation of the Court’s order.
Plaintiff asserts that without his legal property, he is unable to respond to Defendant’s special
interrogatories. (ECF No. 100.) Defendants in turn contend that Plaintiff should be sanctioned
for failing to respond, without objections, to Defendants’ special interrogatories in violation of the
Court’s order. (ECF No. 105.) Defendants assert that they have located and returned all of
Plaintiff’s property. (ECF No. 98.)
In light of the parties’ inability to resolve the issue of Plaintiff’s legal property, the Court
finds it appropriate to set a telephonic status conference in this case. The parties shall be prepared
to address what efforts have been made to locate and return Plaintiff’s legal property, and what
items, if any, are missing and necessary for Plaintiff to respond to Defendant’s special
Accordingly, the Court HEREBY ORDERS that this matter is set for a telephonic status
conference on July 28, 2017, at 9:30 a.m. before the undersigned. The parties shall appear
telephonically by using the following dial-in number and passcode at the time set for the hearing:
dial-in number 1-877-411-9748; passcode 3190866. Counsel for Defendants is required to
arrange for Plaintiff’s participation by contacting the litigation coordinator at the institution where
Plaintiff is housed.
IT IS SO ORDERED.
July 12, 2017
UNITED STATES MAGISTRATE JUDGE
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