Solomon v. Felker et al

Filing 174

ORDER signed by Magistrate Judge Kendall J. Newman on 09/30/15 denying 173 Motion to vacate this action. Plaintiff shall file his pretrial statement within 21 days of the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT SOLOMON,

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Plaintiff,

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No. 2: 08-cv-2544 KJN P

v.

ORDER

T. FELKER, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On September 11, 2015, the court ordered plaintiff to show cause within

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fourteen days for his failure to file a pretrial statement. (ECF No. 171.)
On September 28, 2015, plaintiff filed a motion to “vacate” this action until the Ninth

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Circuit rules on his appeal. (ECF No. 173.) On September 15, 2015, the Ninth Circuit Court of

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Appeals dismissed plaintiff’s appeal. (ECF No. 172.) For this reason, plaintiff’s motion to

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“vacate,” or stay this action, pending the Ninth Circuit’s disposition of his appeal is denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to vacate this action (ECF No. 173) is denied;

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2. Plaintiff shall file his pretrial statement within twenty-one days of the date of this

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order; failure to file a pretrial statement within that time will result in dismissal of this action.

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Dated: September 30, 2015

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Sol2544.vac
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