Smith v. Stovall et al

Filing 99

ORDER signed by Judge Lawrence K. Karlton on 09/07/12 ORDERING that this matter is dropped from the court's trial calendar; this matter shall not proceed further unless and until plaintiff files a motion to proceed to trial; this order is without prejudice to defendants' right to oppose a motion to proceed to trial on the ground of, inter alia, unavailability of witnesses; and the Clerk is directed to administratively close this case. CASE ADMINISTRATIVELY CLOSED (Benson, 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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MICHEAL SMITH,
Plaintiff,

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No. 2:08-cv-2492-LKK-JFM (PC)

vs.
R. STOVALL, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. Pursuant to court order, this matter came on for trial confirmation hearing on

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September 4, 2012. Michael Smith appeared in propria persona. Misha Igra, Supervising

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Deputy Attorney General, and William Downer, Deputy Attorney General, appeared as counsel

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for defendants.

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At the hearing, plaintiff requested voluntary dismissal of the action without

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prejudice. In response to an inquiry from the court, plaintiff explained that his health precludes

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him from proceeding to trial for an estimated period of three years.

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After consideration of plaintiff’s statements and defendants’ response thereto, and
good cause appearing, IT IS HEREBY ORDERED that:
1. This matter is dropped from the court’s trial calendar;
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2. This matter shall not proceed further unless and until plaintiff files a motion to
proceed to trial;
3. This order is without prejudice to defendants’ right to oppose a motion to
proceed to trial on the ground of, inter alia, unavailability of witnesses; and
4. The Clerk of the Court is directed to administratively close this case.
DATED: September 7, 2012.

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