Brodheim v. Dickinson, et. al.

Filing 90

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 3/28/12 ORDERING that plaintiff show cause, within fourteen days, why the civil rights action, Case No. Civ-S-05-1512 LKK GGH P, should not be dismissed forthwith.(Dillon, 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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MICHAEL J. BRODHEIM,

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Plaintiff,
vs.
LOUIE DININNI, et al.,

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Defendants.

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ORDER
/

MICHAEL J. BRODHEIM,

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No. CIV S-05-1512 LKK GGH P

Petitioner,

No. CIV S-06-2326 LKK GGH P

vs.
M. VEAL, Acting Warden, et al.,
Respondents.

ORDER
/

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As noted in the May 14, 2007, Order, in these related cases, Case No. Civ-S-06-

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2326 LKK GGH P, the habeas matter is [still] proceeding, while in the civil rights action, Case

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No. Civ-S-05-1512 LKK GGH P, discovery had been stayed by an Order, filed on March 5,

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2007. With respect to the civil rights action, the court noted in the May 14th Order that plaintiff

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had filed an amended complaint, discovery had been stayed and that any response to the amended
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complaint would be due only upon further court order.

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The habeas petition related to the civil rights action has undergone a significant

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evolution. See docket of Case No. Civ-S-06-2326 LKK GGH P. Currently, the court awaits a

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joint status report to be filed as of June 15, 2012, with respect to the final status of petitioner’s

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grant of parole which occurred at a January 11, 2012, hearing before the Board of Parole

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Hearings.

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The court will now require that as to the civil rights action, Case No. Civ-S-05-

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1512 LKK GGH P, in which there has been no activity for nearly five years, plaintiff must show

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cause why it should not be dismissed in whole or in part as duplicative of, or subsumed within,

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the class action in Gilman v. Brown, Case No. Civ-S-05-0830 LKK GGH, or simply dismissed as

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moot.

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Accordingly, IT IS ORDERED that plaintiff show cause, within fourteen days,

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why the civil rights action, Case No. Civ-S-05-1512 LKK GGH P, should not be dismissed

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forthwith.

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DATED: March 28, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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broa1512.ord2

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