Raymond v. Martin

Filing 35

ORDER to the PLAINTIFF to File a Status Report, signed by Magistrate Judge Jennifer L. Thurston on 11/5/2018. Status Report due by 11/30/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES RAYMOND,
Plaintiffs,

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v.

Case No.: 1:18-cv-00307 - DAD - JLT
ORDER TO THE PLAINTIFF TO FILE A
STATUS REPORT

WARREN MARTIN,
Defendant.

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The Court held the mandatory scheduling conference on November 5, 2018. (Doc. 34) Mr.

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Raymond failed to appear at the hearing. However, the Court was provided by defense counsel, a letter

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from Mr. Raymond’s doctor, dated November 1, 2018, in which the doctor reported that Mr. Raymond

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was “under [the doctor’s] care,” and was “unable to travel at this time” to his hearing “in court in

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Fresno, CA on November 5, 2018.” It appears that, for whatever reason, Mr. Raymond believed his

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hearing was in Fresno; it was not. Thus, the letter fails to provide sufficient information for the Court

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to understand Mr. Raymond’s plans related to this case, whether he is physically capable of proceeding

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or, even, appearing in court in Bakersfield—his city of residence. Consequently, the Court ORDERS:

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1.

No later than November 30, 2018, Mr. Raymond SHALL file a status report detailing

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his intentions related to this case, including: 1.) whether he intends to prosecute this action; and, 2)

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whether he is physically capable of proceeding in this action. If he is not physically capable of

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proceeding at this time, he SHALL provide a confidential report from his doctor explaining his medical
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condition, how it limits Mr. Raymond from participating in this action and the doctor’s opinion as to

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when Mr. Raymond will be capable of proceeding in this action.

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IT IS SO ORDERED.
Dated:

November 5, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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