Mitchell v. Davey, et al.

Filing 157

ORDER Vacating Telephonic Trial Confirmation Hearing, Trial, and Related Deadlines signed by Magistrate Judge Erica P. Grosjean on 04/14/2020. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN E. MITCHELL,

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Plaintiff,

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v.

Case No. 1:16-cv-01148-DAD-EPG (PC)
ORDER VACATING TELEPHONIC TRIAL
CONFIRMATION HEARING, TRIAL, AND
RELATED DEADLINES

CRM M.S. ROBICHEAUX,
Defendant.

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John E. Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983.
On April 10, 2020, Plaintiff filed a request for a court order under the All Writs Act.

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(ECF No. 156). In his request, Plaintiff states that he does not have access to his legal property

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or the law library at this time, and he is unable to prosecute this case.

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The Court is not ruling on Plaintiff’s request for an order under the All Writs Act at this

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time. However, in light of Plaintiff’s allegations, the coronavirus (COVID-19) outbreak (which

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has limited law library access at numerous institutions), and the pending findings and

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recommendations on the parties’ motions for summary judgment (ECF No. 154), the Court will

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vacate the telephonic trial confirmation hearing, the trial, and all related deadlines (including

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the deadlines for the parties to submit pretrial statements). If necessary, the Court will reset

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these deadlines after the assigned district judge rules on the findings and recommendations.

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The Court notes that if Plaintiff wants additional time to object to the findings and
recommendations, Plaintiff should file a motion for an extension of time within ten days of the
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date of this order.
Accordingly, based on the foregoing, IT IS ORDERED that the telephonic trial

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confirmation hearing, the trial, and all related deadlines are VACATED. If necessary, the

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Court will reset these deadlines after the assigned district judge rules on the findings and

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recommendations dated March 27, 2020.

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IT IS SO ORDERED.
Dated:

April 14, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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