Muhammad v. Moreno

Filing 23

ORDER Vacating Initial Scheduling Conference and Requiring Plaintiff to Serve Defendants With His Initial Disclosures and File a Scheduling Conference Statement; ORDER Directing Clerk to Send Plaintiff a Copy of the Order Requiring Initial Disclosures 19 , signed by Magistrate Judge Erica P. Grosjean on 8/22/2018: 28-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAURICE MUHAMMAD,

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Case No. 1:16-cv-00577-LJO-EPG (PC)

Plaintiff,

ORDER VACATING INITIAL
SCHEDULING CONFERENCE AND
REQUIRING PLAINTIFF TO SERVE
DEFENDANTS WITH HIS INITIAL
DISCLOSURES AND FILE A
SCHEDULING CONFERENCE
STATEMENT

v.
MORENO, et al.,
Defendants.

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ORDER DIRECTING CLERK TO SEND
PLAINTIFF A COPY OF THE ORDER
REQUIRING INITIAL DISCLOSURES
(ECF NO. 19)

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TWENTY-EIGHT DAY DEADLINE

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Maurice Muhammad (“Plaintiff”) is a former state prisoner proceeding pro se and in
forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.

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On May 4, 2018, the Court issued an order setting an initial scheduling conference,

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requiring the parties to exchange initial disclosures, and requiring the parties to file scheduling

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conference statements. (ECF No. 19).

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The deadline for exchanging initial disclosures passed, and according to Defendants,

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Plaintiff failed to provide Defendants with his initial disclosures (ECF No. 22, p. 2).

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Additionally, the deadline for filing scheduling conference statements has passed, and Plaintiff

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has failed to file his scheduling conference statement.

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Therefore, the Court will vacate the initial scheduling conference that is currently set for
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August 29, 2018, at 3:00 p.m., and give Plaintiff four weeks to serve Defendants with his initial

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disclosures and to file a scheduling conference statement. Plaintiff’s scheduling conference

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statement should confirm that he has served Defendants with his initial disclosures.

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Failure to comply with this order may result in the dismissal of this case with prejudice
for failure to prosecute and failure to comply with court orders.1

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Accordingly, based on the foregoing, it is HEREBY ORDERED that:

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1. Within twenty-eight (28) days from the date of service of this order, Plaintiff shall

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serve Defendants with his initial disclosures and file a scheduling conference

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statement. Plaintiff’s scheduling conference statement should confirm that he has

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served Defendants with his initial disclosures.

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scheduling conference if it receives a scheduling conference statement from Plaintiff

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that complies with this Court’s orders;

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2. The Clerk of Court is directed to send Plaintiff a copy of the order requiring initial

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The Court will reset the initial

disclosures (ECF No. 19); and
3. Failure to comply with this order may result in the dismissal of this case with

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prejudice for failure to prosecute and failure to comply with court orders.

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IT IS SO ORDERED.
Dated:

August 22, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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The Court notes that one of Plaintiff’s prior cases, Muhammad v. Komin, E.D. CA, 1:15-cv-01373, was
recently dismissed for failure to prosecute and failure to comply with court orders. Muhammad v. Komin, ECF
No. 40.
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