King v. Biter et al

Filing 143

ORDER Discharging Order to Show Cause and Directing Plaintiff to File a Pretrial Statement on or Before February 10, 2022 signed by Magistrate Judge Stanley A. Boone on 2/3/2022. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY DONNELL KING, SR.,

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Plaintiff,

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v.
M.D. BITER, et al.,

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Defendants.

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Case No.: 1:15-cv-00414-JLT-SAB (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND DIRECTING PLAINTIFF TO FILE
A PRETRIAL STATEMENT ON OR BEFORE
FEBRUARY 10, 2022
(ECF No. 140)

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Plaintiff Larry Donnell King, Sr. is appearing in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant M.D. Biter for failure to protect

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in violation of the Eighth Amendment. This matter is set for a telephonic trial confirmation hearing on

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March 30, 2022, at 8:15 a.m. before District Judge Jennifer L. Thurston.
On July 16, 2021, the Court issued a second scheduling order directing Plaintiff to file, among

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other things, his pretrial statement on or before January 28, 2022. (Doc. No. 134.) Plaintiff failed to

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comply with the deadline, and an order to show cause was issued on February 2, 2022. (ECF No.

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140.)

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On February 3, 2022, Plaintiff filed a response to the order to show cause. (ECF No. 141.)

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Based on the showing of good cause present in Plaintiff’s response, the Court will discharge the order

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to show cause without issuance of sanctions and grant Plaintiff seven days to file his pretrial

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statement. However, Plaintiff is cautioned that the failure to comply with any future deadlines may

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result in the imposition of sanctions. Fed. R. Civ. P. 41(b); Local Rule 110.

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IT IS SO ORDERED.

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Dated:

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February 3, 2022
UNITED STATES MAGISTRATE JUDGE

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