(PC) Valenzuela v. Santiesteban et al

Filing 42

ORDER DISCHARGING 40 Order to Show Cause Regarding Defendants' Failure to Comply With Court Order, signed by Magistrate Judge Barbara A. McAuliffe on 7/19/2021. (Marrujo, C)

Case 1:20-cv-01093-NONE-BAM Document 42 Filed 07/19/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO A. VALENZUELA,

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Plaintiff,
v.

Case No. 1:20-cv-01093-NONE-BAM (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE REGARDING DEFENDANTS’
FAILURE TO COMPLY WITH COURT
ORDER

SANTIESTEBAN,
(ECF No. 40)
Defendant.

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Plaintiff Mario A. Valenzuela (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds

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against Defendants Santiesteban, Rodriguez, and Alejo for excessive force in violation of the

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Eighth Amendment and against Defendant Perez for failure to protect in violation of the Eighth

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Amendment, arising from the incident on June 22, 2019.

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On April 9, 2021, the Court granted Defendants’ motion to stay this civil action until

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Plaintiff’s criminal charges in Kings County Superior Court, case number 20CM-1621, arising

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from the same June 22, 2019 incident involved in this action, are resolved. (ECF No. 38.)

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Defendants were directed to file a status report within ninety (90) days from the date of service of

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that order, and every sixty (60) days thereafter, addressing the status of the criminal proceedings

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until they are resolved. (Id. at 6.) Following Defendants’ failure to file a status report as directed,

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the Court issued an order to show cause directing Defendants to file a status report within seven
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Case 1:20-cv-01093-NONE-BAM Document 42 Filed 07/19/21 Page 2 of 2
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days or a written response regarding their failure to do so. (ECF No. 40.)
On July 16, 2021, Defendants filed a status report and response to the order to show cause.

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(ECF No. 41.) Defendants indicate that Plaintiff’s criminal case is ongoing and the next hearing

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in that matter is a trial setting conference set for September 14, 2021. In addition, Plaintiff’s

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court-appointed attorney in his criminal case has informed Defendants’ counsel that Plaintiff’s

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criminal matter will probably not be set for trial until sometime in 2022. Defendants indicate they

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will file a status report every sixty days after the date of the instant status report to address the

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status of Plaintiff’s criminal proceedings until they are resolved. (Id.)

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Based on the prompt filing of Defendants’ status report in response to the order to show

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cause, the Court’s July 12, 2021 order to show cause, (ECF No. 40), is HEREBY

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DISCHARGED. Defendants shall continue to file status reports addressing the status of

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Plaintiff’s criminal proceedings pursuant to the Court’s April 9, 2021 order, and the action

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remains stayed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 19, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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