Zaiza v. Guthrie, et al.
Filing
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ORDER (1) DISCHARGING 31 Order to Show Cause; (2) DENYING Plaintiff's 37 Motion for Extension of Time; and (3) DENYING as MOOT 35 Request for a Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 9/20/2018. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE ROBERTO ZAIZA,
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Plaintiff,
v.
CASE No. 1:16-cv-01862-LJO-JLT (PC)
ORDER
(1) DISCHARGING ORDER TO SHOW
CAUSE;
C. GUTHRIE, et al.,
Defendants.
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(2) DENYING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME; AND
(3) DENYING AS MOOT REQUEST FOR
A SETTLEMENT CONFERENCE
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(ECF Nos. 35, 37)
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On September 5, 2018, the Court ordered the plaintiff to show cause why this action should not
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be dismissed for plaintiff’s failure to file his pretrial statement. Alternatively, the Court ordered the
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plaintiff to file the pretrial statement.
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Plaintiff has now filed a motion for extension of time to file his pretrial statement because he
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claims he was recently transferred to another institution and he “is having difficulties in getting into the
prison’s law library.” (ECF No. 37.) While the docket reflects a Notice of Change of Address was filed
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on August 30, 2018, plaintiff does not explain why he was unable to meet the original August 16, 2018,
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filing deadline for the pretrial statement. Thus, there is not good cause to grant plaintiff’s motion.
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Plaintiff has also filed a document requesting a settlement, which the Court construes as a motion
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for a settlement conference. (ECF No. 35.) Because this matter is already set for a settlement conference
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on October 5, 2018, plaintiff’s motion is denied as moot. Accordingly, the Court ORDERS:
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1. The September 5, 2018, Order to Show Cause (ECF No. 31) is DISCHARGED;
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2. Plaintiff’s motion for extension of time (ECF No. 37) is DENIED;
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3. Plaintiff SHALL file his pretrial statement on or before September 26, 2018. Plaintiff’s
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failure to comply with this deadline may result in a recommendation that this action be
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dismissed for failure to comply with a court order and failure to prosecute. Defendants
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shall file their pretrial statement on or before October 5, 2018;
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4. Plaintiff’s motion for a settlement conference (ECF No. 35) is DENIED as moot; and
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5. The Clerk of Court shall provide via fax or email a copy of this order to the Litigation
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Coordinator at California State Prison in Corcoran, California for personal delivery to the
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plaintiff.
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IT IS SO ORDERED.
Dated:
September 20, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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