Washington v. Gamboa, et al.
Filing
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ORDER GRANTING 54 Plaintiff's Ex Parte Motion to File Late Pretrial Statement signed by Magistrate Judge Erica P. Grosjean on 9/12/2019. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JESSE WASHINGTON,
Plaintiff,
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No. 1:17-cv-00302-LJO-EPG
v.
H. GAMBOA, et al.,
Defendants.
ORDER GRANTING PLAINTIFF’S EX
PARTE MOTION TO FILE LATE
PRETRIAL STATEMENT
(ECF No. 54)
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Plaintiff, Jesse Washington, is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action filed pursuant to 42 U.S.C. § 1983. The Court has before it Plaintiff’s ex
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parte motion for leave to file a late pretrial statement. (ECF No. 54.)
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The deadline for Plaintiff to file his pretrial statement was July 12, 2019. (ECF No. 43.)
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Plaintiff filed his motion to file a late pretrial statement on September 5, 2019 (ECF No. 54), and
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filed his pretrial statement the following day, on September 6, 2019 (ECF No. 56). Plaintiff
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contends that the lateness of his pretrial is due to excusable negligence. (ECF No. 54.) Plaintiff
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represents that the area where he is housed has been in modified lockdown status and that there
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have been continuing riots in his housing unit, resulting in difficulties accessing the law library
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and retrieving Plaintiff’s copies of the pretrial statement that is being held in the Prison Education
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Department. Plaintiff states that as soon as he is able to retrieve the pretrial statement, he will file
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it and serve a copy on defense counsel. Plaintiff states that he has acted in good faith and did not
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intend to delay court proceedings or cause harm to or prejudice Defendants. (Id.) Finally, Plaintiff
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states that allowing him to file the late pretrial statement will not result in a delay of either the
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trial confirmation hearing, set for October 21, 2019, or the trial, set for November 19, 2019. (Id.)
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The Court questions whether the conditions at Plaintiff’s prison caused Plaintiff’s delay in
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filing the pretrial statement given that almost two months had passed since the deadline. But
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given the time remaining before the trial confirmation hearing and trial, the Court will grant
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Plaintiff’s request to file the late pretrial statement.
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IT IS ORDERED that Plaintiff’s request to file a late pretrial statement (ECF No. 54) is
GRANTED. Plaintiff’s late filed pretrial statement (ECF No. 56) is accepted.
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IT IS SO ORDERED.
Dated:
September 12, 2019
/s/
UNITED STATES MAGISTRATE JUDGE
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