Windham v. Marin et al
ORDER DENYING Plaintiff's 119 Motion for Extension of Time to Prepare for Telephonic Status Conference as Moot; ORDER DISCHARGING 123 Order to Shower Cause; ORDER RESETTING Telephonic Status Conference, signed by Magistrate Judge Barbara A. McAuliffe on 8/13/17. Telephonic Status Conference set for 8/24/2017 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CHARLES W. WINDHAM,
M. MARIN, et al.,
Case No. 1:14-cv-01636-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO PREPARE
FOR TELEPHONIC STATUS CONFERENCE
(ECF No. 119)
ORDER DISCHARGING ORDER TO SHOW
(ECF No. 123)
ORDER RESETTING TELEPHONIC
Date: August 24, 2017
Time: 10:00 a.m.
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.
On July 28, 2017, the Court held a telephonic status conference before the undersigned to
discuss the issue of Plaintiff’s legal property, to address what efforts had been made to locate and
return Plaintiff’s legal property, and what items, if any, are missing and necessary for Plaintiff to
respond to Defendants’ special interrogatories.. Plaintiff did not appear. At the conference,
defense counsel represented to the Court that she had arranged for Plaintiff’s participation in the
conference with the litigation coordinator at the institution where Plaintiff is housed. Defense
counsel was informed by that litigation coordinator, however, that Plaintiff was refusing to appear
at the conference or leave his cell. The Court issued an order to show cause why Plaintiff failed
to participate in these proceedings and obey the order of this Court and why sanctions, up to and
including terminating sanctions, should not be imposed for his willful refusal to appear at the
telephonic status conference. (ECF No. 123.)
Plaintiff filed a timely response on August 7, 2017, explaining that he was prepared but
unable to appear at the telephonic status conference due to a severe bout of diarrhea, which lasted
from early morning on the date of the status conference until the next day. (ECF No. 124.) The
Court finds that Plaintiff has presented good cause for his failure to attend the telephonic status
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion for extension of time to prepare for telephonic status conference, (ECF
No. 119), is DENIED as moot;
2. The order to show cause issued on July 28, 2017, (ECF No. 123), is DISCHARGED;
3. This matter is set for a telephonic status conference on August 24, 2017, at 10:00 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
4. Failure to appear will result in a recommendation of dismissal of this action.
IT IS SO ORDERED.
August 13, 2017
UNITED STATES MAGISTRATE JUDGE
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