Applegate v. Trausch

Filing 36

ORDER for Defendant to File Status Report within Thirty Days signed by Magistrate Judge Gary S. Austin on 1/11/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN APPLEGATE, 12 13 14 15 1:15-cv-00811-AWI-GSA-PC Plaintiff, v. ORDER FOR DEFENDANT TO FILE STATUS REPORT WITHIN 30 DAYS CHRISTIAN TRAUSCH, Defendant. 16 17 18 19 Plaintiff Brian C. Applegate (“Plaintiff”) is a prisoner in the custody of the California 20 Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma 21 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The action is proceeding on 22 Plaintiff’s Eighth Amendment and state law claims against Defendant Christian Trausch. 23 On March 29, 2016, the Court granted Defendant’s motion to stay the proceedings 24 pending resolution of Plaintiff’s writ of mandate in the Sacramento County Superior Court. The 25 two inmate appeals that Plaintiff contends exhausted the issues herein were the subject of the 26 petition, and the Court granted the stay because the outcome of the petition would impact the 27 exhaustion analysis in this action. In granting the stay, the Court ordered Defendant to file a 28 status report within ten days of the state court’s ruling on Plaintiff’s petition. 1 1 On April 7, 2016, Plaintiff submitted a filing indicating that he may file a notice of 2 voluntarily dismissal if the state court determined that administrative remedies remained. An 3 actual request to dismiss has not been filed. 4 On July 21, 2016, Defendant filed a status report as directed by this Court. According 5 to the report, the state court denied the petition on July 11, 2016, finding that Plaintiff had not 6 demonstrated that he submitted the appeals and that staff had received them. 7 requested that the stay remain until the state court decision is final. On July 25, 2016, the Court 8 issued an order continuing the stay of the action. Defendant 9 On September 15, 2016, Plaintiff submitted a status report indicating that he was 10 awaiting the appeal record from the Sacramento Superior Court, after which time he expected 11 to pursue a mandamus action at the court of appeals. Plaintiff requested that the stay remain in 12 place. 13 The Court now requests a status report from Defendant. Accordingly, IT IS HEREBY 14 ORDERED that within thirty (30) days of the date of service of this order, Defendant SHALL 15 file a status report informing the Court of the current status of this case. 16 17 18 19 IT IS SO ORDERED. Dated: January 11, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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