Applegate v. Trausch
ORDER for Defendant to File Status Report within Thirty Days signed by Magistrate Judge Gary S. Austin on 1/11/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER FOR DEFENDANT TO FILE STATUS
REPORT WITHIN 30 DAYS
Plaintiff Brian C. Applegate (“Plaintiff”) is a prisoner in the custody of the California
Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The action is proceeding on
Plaintiff’s Eighth Amendment and state law claims against Defendant Christian Trausch.
On March 29, 2016, the Court granted Defendant’s motion to stay the proceedings
pending resolution of Plaintiff’s writ of mandate in the Sacramento County Superior Court. The
two inmate appeals that Plaintiff contends exhausted the issues herein were the subject of the
petition, and the Court granted the stay because the outcome of the petition would impact the
exhaustion analysis in this action. In granting the stay, the Court ordered Defendant to file a
status report within ten days of the state court’s ruling on Plaintiff’s petition.
On April 7, 2016, Plaintiff submitted a filing indicating that he may file a notice of
voluntarily dismissal if the state court determined that administrative remedies remained. An
actual request to dismiss has not been filed.
On July 21, 2016, Defendant filed a status report as directed by this Court. According
to the report, the state court denied the petition on July 11, 2016, finding that Plaintiff had not
demonstrated that he submitted the appeals and that staff had received them.
requested that the stay remain until the state court decision is final. On July 25, 2016, the Court
issued an order continuing the stay of the action.
On September 15, 2016, Plaintiff submitted a status report indicating that he was
awaiting the appeal record from the Sacramento Superior Court, after which time he expected
to pursue a mandamus action at the court of appeals. Plaintiff requested that the stay remain in
The Court now requests a status report from Defendant. Accordingly, IT IS HEREBY
ORDERED that within thirty (30) days of the date of service of this order, Defendant SHALL
file a status report informing the Court of the current status of this case.
IT IS SO ORDERED.
January 11, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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