Jones et al v. DeForest

Filing 84

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/27/2012 ORDERING that plaintiff shall file a pretrial statement within 30 days or it will be recommended that this case be dismissed without prejudice for failure to prosecute and failure to comply with the court's orders; defendant's pretrial statement is due within 14 days after service of plaintiff's pretrial statement.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIK JONES,

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Plaintiff,
vs.
J. McGUIRE, et al.,
Defendants.

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No. 2:08-cv-2607 MCE CKD P

ORDER
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Plaintiff, a state prisoner, proceeds pro se with a civil rights complaint brought

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pursuant to 42 U.S.C. § 1983. Following this court’s order of September 21, 2012 in which

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defendants’ motion to dismiss was granted and defendants’ motion for summary judgment was

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denied in part, plaintiff proceeds on a sole remaining claim: that defendant Lipton was

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deliberately indifferent to his serious medical need on September 13, 2007, in violation of the

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Eighth Amendment.

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Pursuant to the court’s order of November 16, 2011, plaintiff’s pretrial statement

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was due 45 days after resolution of defendants’ motion for summary judgment. (Dkt. No. 69.)

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Plaintiff’s pretrial statement is therefore late. The parties were advised in the court’s order of

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January 11, 2011 that “failure to file a pretrial statement may result in the imposition of

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sanctions, including dismissal of this action.” (Dkt. No. 53.)
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Accordingly, IT IS HEREBY ORDERED THAT plaintiff shall file a pretrial

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statement within 30 days of the date of this order or it will be recommended that this case be

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dismissed with prejudice for failure to prosecute and failure to comply with the court’s orders.

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See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; defendant’s pretrial statement is due within 14

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days after service of plaintiff’s pretrial statement.

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Dated: November 27, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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