Aidnik v. California Medical Facility et al

Filing 115

ORDER signed by Senior Judge Howard D. McKibben on 5/13/2011; after reviewing 113 Notice of Change of Address filed by Jeff Aidnik, IT IS ORDERED that the Order of Dismissal entered on 5/12/2011 is hereby VACATED, the Court will set another show ca use hearing at a date and time that is convenient to the parties and counsel. The Court requests that counsel for defendant make appropriate inquiries to determine the custody status of the plaintiff, to attempt to make arrangement for the plaintiff to be available for a telephonic conference call, and to advise the Court on scheduling a new hearing. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFF AIDNIK,

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Plaintiff,
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vs.
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CALIFORNIA MEDICAL FACILITY, et )
al.,
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Defendants.
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_________________________________ )

2:08-cv-02583-HDM-RAM
ORDER

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Subsequent to the May 12, 2011, hearing on the court’s order

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to show cause, the court was first advised that the plaintiff had

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filed a letter notice to the court on May 11, 2011 (which was

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received by the clerk of the court prior to the hearing but was not

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docketed until after the hearing), in which he indicates that he

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had been placed in custody on a parole violation and that he will

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not be released from custody until January 30, 2012.

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letter, plaintiff also requests a new court date.

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been aware of the circumstances described in plaintiff’s letter

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prior to the hearing, the court would not have entered its order on

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May 12, 2011.

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dismissing this action is hereby VACATED, and the court will set

In that

If the court had

Accordingly, the order entered on May 12, 2011,

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another show cause hearing at a date and time that is convenient to

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the parties and counsel.

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It appears from the letter that plaintiff is being held in a

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facility in Tracy, California.

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defendant to make appropriate inquiries to determine the custody

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status of the plaintiff, to attempt to make arrangements for the

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plaintiff to be available for a telephonic conference call on the

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court’s order to show cause issued on April 20, 2011, and to advise

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the court of the official to contact at the facility where

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The court would request counsel for

plaintiff is being detained to schedule a new hearing.

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IT IS SO ORDERED.

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DATED: This 13th day of May, 2011.

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____________________________
UNITED STATES DISTRICT JUDGE

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