Windham v. Marin et al
Filing
139
ORDER SETTING Telephonic Conference Regarding Setting of an Evidentiary Hearing, signed by Magistrate Judge Barbara A. McAuliffe on 3/12/18. Wednesday, March 21, 2018 at 11:00 a.m..(Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
CHARLES W. WINDHAM,
12
13
14
15
Plaintiff,
v.
MARIN, et al.,
Case No. 1:14-cv-01636-DAD-BAM (PC)
ORDER SETTING TELEPHONIC
CONFERENCE REGARDING SETTING OF
AN EVIDENTIARY HEARING
Date: Wednesday, March 21, 2018
Time: 11:00 a.m.
Defendants.
16
17
Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding pro se and in
18
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
19
Plaintiff’s Eighth Amendment claims of excessive use of force against Defendants Marin, Uribe,
20
Rasley, Contreras, Capano, and Rubio, and for deliberate indifference to serious medical needs
21
against Defendants Navarro, Morales, Marin, and Shiver.
22
On March 7, 2018, the assigned District Judge adopted the pending findings and
23
recommendations recommending that Defendants’ motion for summary judgment on the grounds
24
that Plaintiff had failed to exhaust his administrative remedies prior to filing suit be denied
25
without prejudice, subject to an evidentiary hearing being held in order to resolve factual disputes
26
concerning exhaustion. (ECF No. 138.)
27
28
Accordingly, the Court will set a telephonic conference regarding the setting of an Albino
evidentiary hearing. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). The parties
1
1
2
should also be prepared to discuss the procedures and scope of the evidentiary hearing.
Based on the foregoing, IT IS HEREBY ORDERED that this matter is set for a telephonic
3
conference on Wednesday, March 21, 2018, at 11:00 a.m. before the undersigned. The parties
4
shall appear telephonically by using the following dial-in number and passcode at the time set for
5
the hearing: dial-in number 1-877-411-9748; passcode 3190866. Counsel for Defendants is
6
required to arrange for Plaintiff’s participation by contacting the litigation coordinator at the
7
institution where Plaintiff is housed.
8
9
10
IT IS SO ORDERED.
Dated:
/s/ Barbara
March 12, 2018
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?