Drake v. Kernan, et al.

Filing 73

ORDER Directing Defendants to File a Further Status Report within Ten Days from the Date of Service of this Order signed by Magistrate Judge Stanley A. Boone on 10/07/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAM DRAKE,

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Plaintiff,

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v.
SCOTT KERNAN, et al.,

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Defendants.

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Case No.: 1:17-cv-01500-AWI-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE
A FURTHER STATUS REPORT WITHIN TEN
DAYS FROM THE DATE OF SERVICE OF THIS
ORDER
[ECF No. 70]

Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.
During the litigation of this action, Plaintiff paroled from the custody of the California

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Department of Corrections and Rehabilitation to the Fresno County Jail without his legal property.

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On August 12, 2019, the Court granted, in part, Defendants’ motion to compel responses to

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their outstanding discovery requests, directed Plaintiff to file responses once he regained access to his

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property, and directed a status report be filed by October 10, 2019. (ECF No. 66.)
On September 11, 2019, Defendants filed an update on the status of Plaintiff’s legal property

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and submit that Plaintiff’s property was “transported” and/or “shipped” to Plaintiff at the Fresno

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County Jail on September 9, 2019.

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Because it was not clear as to whether Plaintiff received his legal property, the Court directed

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Plaintiff to file a response on or before September 27, 2019. (ECF No. 69.) Plaintiff filed a response

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on September 25, 2019, and also filed a separate request for appointment of a private investigator

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and/or runner. The Court will address Plaintiff’s second request by way of separate order.

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In his response to the Court’s September 16, 2019, order, Plaintiff indicates that as of

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September 18, 2019, he has not been notified of the transfer or receipt of his property. Thus, it is still

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not clear whether Plaintiff has actually received his legal property in order to respond to the

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outstanding discovery requests. Accordingly, Defendants shall file a further status report as to

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whether Plaintiff has received his legal property within ten (10) days from the date of service of this

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order.

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IT IS SO ORDERED.

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Dated:

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October 7, 2019
UNITED STATES MAGISTRATE JUDGE

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