Tompkins v. Stephens et al

Filing 97

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/3/12 ORDERING that Plaintiff file his pretrial statement and any motions necessary to obtain the attendance of incarcerated witnesses at trial within 30 days; defendants to file their pretrial statement within 14 days thereafter; and plaintiff is admonished that failure to timely file his pretrial statement will result in a recommendation that this action be dismissed. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN MARSHALL TOMPKINS,

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Plaintiff,

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vs.

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No. CIV S-07-2346 GEB EFB P

STEPHENS, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On September 27, 2011, the assigned district judge adopted the undersigned’s

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recommendation that defendants’ motion for summary judgment be denied and set a schedule for

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the parties to file their pretrial statements. That order directed plaintiff to file his pretrial

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statement within thirty days. On October 5, 2011, the undersigned directed the parties to submit

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confidential settlement conference statements within fifteen days. Plaintiff submitted the

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required settlement statement but, to date, has not filed his pretrial statement.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff shall file his pretrial statement and any motions necessary to obtain the

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attendance of incarcerated witnesses at trial within thirty (30) days.

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2. Defendants shall file their pretrial statement within fourteen (14) days thereafter.

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3. Plaintiff is admonished that failure to timely file his pretrial statement will result in a

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recommendation that this action be dismissed.

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DATED: January 3, 2012.

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