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)

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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

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