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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES W. WINDHAM,

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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.

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Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s Eighth Amendment claims of excessive use of force against Defendants Marin, Uribe,

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Rasley, Contreras, Capano, and Rubio, and for deliberate indifference to serious medical needs

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against Defendants Navarro, Morales, Marin, and Shiver.

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On March 7, 2018, the assigned District Judge adopted the pending findings and

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recommendations recommending that Defendants’ motion for summary judgment on the grounds

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that Plaintiff had failed to exhaust his administrative remedies prior to filing suit be denied

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without prejudice, subject to an evidentiary hearing being held in order to resolve factual disputes

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concerning exhaustion. (ECF No. 138.)

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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
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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

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conference on Wednesday, March 21, 2018, at 11:00 a.m. before the undersigned. The parties

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shall appear telephonically by using the following dial-in number and passcode at the time set for

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the hearing: dial-in number 1-877-411-9748; passcode 3190866. Counsel for Defendants is

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required to arrange for Plaintiff’s participation by contacting the litigation coordinator at the

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institution where Plaintiff is housed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 12, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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