Clinton v. California Department of Corrections et al

Filing 557

ORDER signed by Magistrate Judge Craig M. Kellison on 4/27/2015 ORDERING that plaintiff's status report shall be filed and served on or before 6/1/2015; and defendant's status report shall be filed and served on or before 7/1/2015, regardless of whether plaintiff has filed a status report.(Yin, K)

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

Plaintiff,
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. On August 22, 2014, the court ordered the parties to file status

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reports in order to set this case for trial. Since then, plaintiff has filed several documents

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requesting additional time and further direction as to what needs to be done. Plaintiff indicates

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he does not know what the court is requesting.

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A status report is simply a way for the parties to communicate with the court as to

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the status of the case and their readiness for trial. As set forth in the prior order, the status reports

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shall address the following information:

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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.

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If plaintiff does not have all of the above information, he may so indicate in the

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status report. Alternatively, the parties may file a joint status report as contemplated in the local

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rules. However, given the history of this case, the court will not require a joint report. The

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parties are again cautioned that failure to file a status report which addresses the issues set forth

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above may result in the imposition of appropriate sanctions, including dismissal of the action or

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preclusion of issues or witnesses. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s status report shall be filed and served on or before June 1, 2015;

2.

Defendant’s status report shall be filed and served on or before July 1,

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and

2015, regardless of whether plaintiff has filed a status report.

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DATED: April 27, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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