(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)

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Case 1:20-cv-01093-NONE-BAM Document 42 Filed 07/19/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO A. VALENZUELA, 12 13 14 15 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. 16 17 Plaintiff Mario A. Valenzuela (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds 19 against Defendants Santiesteban, Rodriguez, and Alejo for excessive force in violation of the 20 Eighth Amendment and against Defendant Perez for failure to protect in violation of the Eighth 21 Amendment, arising from the incident on June 22, 2019. 22 On April 9, 2021, the Court granted Defendants’ motion to stay this civil action until 23 Plaintiff’s criminal charges in Kings County Superior Court, case number 20CM-1621, arising 24 from the same June 22, 2019 incident involved in this action, are resolved. (ECF No. 38.) 25 Defendants were directed to file a status report within ninety (90) days from the date of service of 26 that order, and every sixty (60) days thereafter, addressing the status of the criminal proceedings 27 until they are resolved. (Id. at 6.) Following Defendants’ failure to file a status report as directed, 28 the Court issued an order to show cause directing Defendants to file a status report within seven 1 Case 1:20-cv-01093-NONE-BAM Document 42 Filed 07/19/21 Page 2 of 2 1 2 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. 3 (ECF No. 41.) Defendants indicate that Plaintiff’s criminal case is ongoing and the next hearing 4 in that matter is a trial setting conference set for September 14, 2021. In addition, Plaintiff’s 5 court-appointed attorney in his criminal case has informed Defendants’ counsel that Plaintiff’s 6 criminal matter will probably not be set for trial until sometime in 2022. Defendants indicate they 7 will file a status report every sixty days after the date of the instant status report to address the 8 status of Plaintiff’s criminal proceedings until they are resolved. (Id.) 9 Based on the prompt filing of Defendants’ status report in response to the order to show 10 cause, the Court’s July 12, 2021 order to show cause, (ECF No. 40), is HEREBY 11 DISCHARGED. Defendants shall continue to file status reports addressing the status of 12 Plaintiff’s criminal proceedings pursuant to the Court’s April 9, 2021 order, and the action 13 remains stayed. 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Barbara July 19, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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