Hutchins, Jr. v. Lockyer, et al.

Filing 72

ORDER GRANTING Plaintiff's Motion for Status Update; ORDER LIFTING STAY, signed by Magistrate Judge Helena M. Barch-Kuchta on 8/23/2021. (Martin-Gill, S)

Case 1:15-cv-01537-DAD-HBK Document 72 Filed 08/23/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLIFTON HUTCHINS, JR.,

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Plaintiff,

Case No. 1:15-cv-01537-DAD-HBK
ORDER GRANTING PLAINTIFF’S MOTION
FOR STATUS UPDATE

v.
(Doc. No. 70)
BILL LOCKYER, et al.,
Defendants.

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This matter, which was reassigned to the undersigned on November 17, 2020, comes

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before the Court for initial review. (Doc. No. 69). Plaintiff Clifton Hutchins, Jr., a state prisoner,

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initiated this action on September 11, 2015 by filing a pro se civil rights complaint under 42

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U.S.C. § 1983. (Doc. No. 1). Before the Court is Plaintiff’s “notice and motion for ruling,”

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which the Court construes as a motion for status update. (Doc. No. 70). Plaintiff requests a

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ruling on Defendants’ December 23, 2019 merits-based motion for summary judgment. (Id.).

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The Court has undertaken a review of the docket in this matter and notes that a stay was

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placed on this case on April 10, 2018, pending the Court’s ruling on Defendants’ exhaustion-

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based motion for summary judgment. (Doc. No. 49). The stay was not lifted, as should have

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been done, after the Court ruled on Defendants’ exhaustion-based motion for summary judgment.

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(Doc. No. 55). For this reason, the pending merits-based motion for summary judgment did not

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come to the attention of the Court until recently.

Case 1:15-cv-01537-DAD-HBK Document 72 Filed 08/23/21 Page 2 of 2
The Court further notes Defendants’ merit-based motion for summary judgment is fully

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briefed and ripe for review. (See Docs. Nos. 59, 67, 68). Although the Court is not in the

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practice of providing status updates to litigants, the Court informs Plaintiff that it has taken this

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matter under review and will issue findings and recommendations as expeditiously as possible,

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considering the Court’s current caseload.

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Accordingly, it is ORDERED:

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Plaintiff’s motion for status update is GRANTED to the extent set forth herein.

(Doc. No. 70).

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The Clerk of Court shall lift the Stay in this case.

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Dated:

August 23, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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