Clinton v. California Department of Corrections et al

Filing 545

ORDER signed by Magistrate Judge Craig M. Kellison on 08/21/14 ordering plaintiff's status report shall be filed and served within 30 days from the date of service of this order. Defendant's status report shall be filed within 30 days after service of plaintiff's status report. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS CLINTON,

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Plaintiff,

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No. 2:05-cv-1600-LKK-CMK-P

vs.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.
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Plaintiff, a former state prisoner proceeding pro se, brings this civil rights action

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pursuant to 42 U.S.C. § 1983. The motion for summary judgment now having been resolved,

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this matter is at issue and may be ready to be set for trial. According to the District Court’s

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order, the only remaining defendant in this action is Cooper; the only remaining claim is

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Cooper’s failure to honor plaintiff’s medical chronos for an extra blanket and tennis shoes. See

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Order, Doc. 544, dated August 14, 2014. The parties shall therefore each submit to the court and

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serve by mail on all other parties a report on the status of this case. The report must address the

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following:

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1.

Whether this matter is ready for trial and, if not, why not;

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2.

Whether a pretrial motion is contemplated and, if so, the type of motion

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and the time needed to file the motion and complete the time schedule set forth in Local Rule

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230;

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3.

A narrative statement of the facts that will be offered by oral or

documentary evidence at trial;

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4.

A list of all exhibits to be offered into evidence at the trial of the case;

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5.

A list of the names and addresses of all witnesses the party intends to call;

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6.

A summary of the anticipated testimony of any incarcerated witnesses;

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7.

The time estimated for trial;

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8.

Whether either party still requests trial by jury; and

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9.

Any other matter, not covered above, which the party desires to call to the

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attention of the court.
The parties are warned that failure to file a status report which addresses the

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issues set forth above may result in the imposition of appropriate sanctions, including dismissal

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of the action or preclusion of issues or witnesses. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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date of service of this order; and

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2.

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Plaintiff’s status report shall be filed and served within 30 days from the

Defendant’s status report shall be filed within 30 days after service of

plaintiff’s status report.

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DATED: August 21, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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