Muhammad v. Komin et al

Filing 28

ORDER discharging 25 Order to Show Cause; setting Scheduling Conference and directing Clerk to assign District Judge signed by Magistrate Judge Erica P. Grosjean on 11/28/2017. Case assigned to District Judge, Dale A. Drozd. Plaintiff's Initial Disclosures due within 30-Days. Initial Scheduling Conference set for 2/7/2018 at 3:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.(Lundstrom, T)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 MAURICE MUHAMMAD, 5 Plaintiff, 6 KOMIN, et al., ORDER DISCHARGING ORDER TO SHOW CAUSE vs. 7 1:15-cv-01373-EPG (PC) 8 Defendants. 9 ORDER SETTING SCHEDULING CONFERENCE ORDER DIRECTING CLERK TO ASSIGN DISTRICT JUDGE 10 A. Background 11 Maurice Muhammad (“Plaintiff”) is a state prisoner proceeding pro se and in forma 12 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding on 13 two claims in the First Amended Complaint against Defendants Komin and Mitchell in their 14 individual capacities for violation of the First Amendment free exercise clause, as well as 15 against Defendants Komin and Mitchell in their official capacities for violation of RLUIPA. 16 (ECF No. 16.) 17 On September 10, 2015, the Court issued an informational order identifying specific 18 rules unique to pro se prisoner civil rights actions in this District. (ECF No. 3.) Plaintiff was 19 warned that failure to comply with the Order, the Federal Rules of Civil Procedure and the 20 Local Rules “will be grounds for imposition of sanctions which may include dismissal of the 21 case. Local Rule 110; Fed. R. Civ. P. 41(b).” (Id.) Plaintiff was further warned that failure to 22 maintain a current address on the docket would result in dismissal of the case. (Id.) 23 On June 28, 2017, the Court entered an order requiring initial disclosures and setting 24 mandatory scheduling conference for October 2, 2017. (ECF No. 21.) The parties were ordered 25 to exchange initial disclosures within 30 days of the order and be prepared to discuss a range of 26 issues at the mandatory scheduling conference. (Id.) 27 scheduling conference statement confirming the date that initial disclosures were served and 28 any deficiencies in either party’s disclosures. (Id.) 1 The parties were ordered to file a 1 It does not appear that Plaintiff has complied with any of the directives of the Court’s 2 June 28, 2017 Order. First, there is no indication that Plaintiff has made initial disclosures. 3 Defense counsel confirmed at the October 2, 2017 hearing that she has not received any type of 4 communication from Plaintiff. Second, Plaintiff did not file a scheduling conference statement, 5 as directed. Third, Plaintiff did not appear at the October 2, 2017 mandatory scheduling 6 conference. Last, mail sent to Plaintiff on June 28, 2017 was returned as undeliverable. 7 On October 3, 2017, the Court ordered Plaintiff to Show Cause why this case should not 8 be dismissed for failure to prosecute and failure to comply with Court orders. Plaintiff was 9 ordered to file a written response within 30 days. (ECF No. 25.) 10 B. Response October 3, 2017 Order to Show Cause 11 Plaintiff responded to the Order to Show Cause on November 6, 2017. (ECF No. 26.) 12 He indicated that he had been released from prison and was suffering from mental illness and 13 homelessness. Therefore, he was unable to comply with the directives of the Court’s June 28, 14 2017 Order. Plaintiff indicates that he is attempting to find a private attorney to assist with his 15 case. 16 17 Defendants oppose the discharge of the Order to Show Cause and request dismissal. (ECF No. 27.) 18 C. Order 19 Although there is a substantial record of noncompliance with Court directives, the Court 20 does not find sufficient basis at this time to recommend dismissal of the action. Plaintiff should 21 be aware, however, that any further compliance failures will likely result in dismissal of this 22 case. 23 Accordingly, the Court ORDERS as follows: 24 1) The October 3, 2017 Order to Show Cause is DISCHARGED; 25 2) The Clerk is directed to send Plaintiff a copy of the Court’s June 28, 2017 Order 26 27 28 (ECF No. 21); 3) Plaintiff shall make initial disclosures, as described in the June 28 Order, within 30 days of this Order; 2 1 4) An Initial Scheduling Conference will be held on February 7, 2018 at 3:00 p.m. in 2 Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Parties have leave 3 to appear by phone. To join the conference, each party is directed to call the 4 toll−free telephone number (888) 251−2909 and use Access Code 1024453; 5 5) The Clerk's Office is directed to randomly assign a Fresno District Judge to this 6 7 matter; and 6) Failure to comply with this Order will result in dismissal of the case. 8 9 10 IT IS SO ORDERED. Dated: November 28, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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