Solomon v. Felker et al

Filing 180

ORDER signed by Magistrate Judge Kendall J. Newman on 01/11/16 ORDERING that this action is DISMISSED without prejudice based on plaintiff's failure to file a pretrial statement; the jury trial set for 02/01/16 and all other dates before the undersigned are VACATED. CASE CLOSED (Benson, A)

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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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No. 2: 08-cv-2544 KJN P

Plaintiff,

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v.

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T. FELKER et al.,

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ORDER

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. The parties have consented to the jurisdiction of the undersigned. (ECF

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Nos. 8, 41.) For the following reasons, this action is dismissed for plaintiff’s failure to file a

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pretrial statement.
On June 19, 2015, the undersigned issued a further scheduling order directing plaintiff to

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file his pretrial statement on or before August 21, 2015. (ECF No. 162.) Plaintiff failed to file his

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pretrial statement on or before August 21, 2015. Accordingly, on September 11, 2015, the

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undersigned ordered plaintiff to show cause for his failure to file a pretrial statement. (ECF No.

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171.)

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In response to the September 11, 2015 order to show cause, on September 28, 2015,

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plaintiff filed a motion to “vacate” this action until the Ninth Circuit ruled on his appeal. (ECF

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No. 173.) On September 12, 2015, the Ninth Circuit dismissed plaintiff’s appeal. (ECF No.
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172.) Accordingly, on October 1, 2015, the undersigned denied plaintiff’s motion to vacate and

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ordered plaintiff to file his pretrial statement within twenty-one days. (ECF No. 174.)

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In response to the October 1, 2015 order, plaintiff filed a responsive pleading requesting

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that this court and the Ninth Circuit review his case. (ECF No. 176.) Plaintiff also requested that

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the undersigned recuse himself from this action. (Id.) On November 3, 2015, the undersigned

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denied plaintiff’s request for recusal and ordered plaintiff’s pretrial statement due within twenty-

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one days. (ECF No. 177.)

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On December 3, 2015, plaintiff filed a motion for an extension of time to file his pretrial
statement. (ECF No. 178.) On December 9, 2015, the undersigned granted plaintiff’s motion for

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extension of time and ordered plaintiff’s pretrial statement due within twenty-one days. (ECF

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No. 179.) The undersigned warned plaintiff that no further requests for extensions of time would

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be granted and that failure to file a pretrial statement may result in dismissal of this action. (Id.)

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Twenty-one days passed from December 9, 2015 and plaintiff did not file a pretrial

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statement or otherwise respond to the December 9, 2015 order. Accordingly, it is apparent that

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plaintiff no longer wishes to pursue this matter or comply with court orders. Therefore, this

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action is dismissed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This action is dismissed without prejudice based on plaintiff’s failure to file a pretrial

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statement. See Fed. R. Civ. P. 16(f); Local Rule 110.

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2. The jury trial set for February 1, 2016, and all other dates before the undersigned are

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vacated.

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Dated: January 11, 2016

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