Loeb v. Audette, et al

Filing 24

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/14/09 VACATING 22 Findings and Recommendations; ORDERING that plaintiff shall file a pretrial statement not later than 30 days from the date of this order. Defendants shall file their pretrial statement not later than 20 days after plaintiffs pretrial statement is filed. Pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before the Honorable Garland E. Burrell, Jr. will be set in the pretrial order.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 //// 1 vs. AUDETTE, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On February 9, 2009, the court found that plaintiff had failed to file a pretrial statement and recommended that this action be dismissed. On the same day, plaintiff filed a document describing various difficulties with the prison mailroom. He requested both an injunction and leave to amend his complaint to add a claim regarding the same. The deadline for filing pretrial motions has long-since passed, see Sept. 17, 2007 Order, and plaintiff is not specific as to the injunctive relief he seeks. However, plaintiff also requested leave to file a new pretrial statement. Pl.'s Feb. 9, 2009 Mot., Decl. of Pl. in Supp. Thereof ¶ 4. Good cause appearing, it is hereby ORDERED that: 1. The February 9, 2009 findings and recommendations are vacated. ORDER DESMOND LOEB, Plaintiff, No. CIV S-07-0139 GEB EFB P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2. Plaintiff shall file a pretrial statement that complies with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 16-281 not later than 30 days from the date of this order. See Fed. R. Civ. P. 5(d); L.R. 5-133(b)(2). The court does not intend to grant plaintiff any further extensions of time. Additionally, plaintiff's failure to comply with this order may result in a recommendation that this action be dismissed. 3. Defendants shall file their pretrial statement not later than twenty days after plaintiff's pretrial statement is filed. 4. Pretrial conference (as described in Local Rule 16-282) will be conducted on the file only, without appearance by either party. 5. The date for jury trial before the Honorable Garland E. Burrell, Jr. will be set in the pretrial order. Dated: April 14, 2009.

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