Asberry v. Biter

Filing 56

ORDER DECLINING to Impose Sanctions on Counsel for Defendants Lozovoy and Relevante signed by Magistrate Judge Michael J. Seng on 8/18/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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Plaintiff,
v.
WARDEN BITER, et al.,

CASE NO. 1:16-cv-01741-DAD-MJS (PC)
ORDER DECLINING TO IMPOSE
SANCTIONS ON COUNSEL FOR
DEFENDANTS LOZOVOY AND
RELEVANTE

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s

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Eighth Amendment claim for medical indifference against Defendants Lozovoy and

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Relevante and Eighth Amendment conditions of confinement and First Amendment

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retaliation claims against Defendants Ferris and Godfrey.

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On July 20, 2017, the Court ordered counsel for Defendants Lozovoy and

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Relevante to file a declaration explaining the apparent delay in retaining counsel for

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Defendants Ferris and Godfrey in this litigation. (ECF No. 37.) On July 27, 2017, counsel

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for Defendants Lozovoy and Relevante filed a declaration reasonably explaining the said

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delay. (ECF No. 41.)

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In light of counsel’s response, the Court declines to impose sanctions on counsel
for Defendants Lozovoy and Relevante.

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IT IS SO ORDERED.
Dated:

August 18, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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