Martinez v. Hoover, et al
ORDER signed by Magistrate Judge Craig M. Kellison on 10/7/2016 VACATING the 9/15/2016 findings and recommendations 88 . Plaintiff shall file a status report as previously ordered within 30 days; and the Clerk shall send plaintiff a copy of teh 8/5/2016 order. (Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ARCHIE A. MARTINEZ,
G. HOOVER, et al.,
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant
to 42 U.S.C. § 1983. Pending before the court is plaintiff’s request for additional time (Doc. 89).
On August 5, 2016, the court directed plaintiff to file a status report within 20
days, which plaintiff failed to do. As a result, the undersigned issued findings and
recommendations that this action be dismissed for failure to prosecute. In light of plaintiff’s
request for additional time, the court will vacate the findings and recommendations and allow
plaintiff a short amount of time to file his status report.
However, the court notes that plaintiff is utilizing the assistance of a fellow
inmate. Plaintiff is cautioned that the filings in this case are his responsibility and if he receives
assistance from someone else, he is still responsible for making any all requests to the court. The
court will not entertain requests or filings which are filed on his behalf without plaintiff’s
participation and signature. See Local Rule 131(b); Fed. R. Civ. P. 11.
Plaintiff is further warned that failure to file a status report as previously ordered
may result in the imposition of appropriate sanctions, including dismissal of the action or
preclusion of issues or witnesses. See Local Rule 110.
Accordingly, IT IS HEREBY ORDERED that:
The Findings and Recommendations issued September 15, 2016 are
Plaintiff shall file a status report as previously ordered within 30 days of
the date of this order; and
The Clerk of the Court is directed to send plaintiff a copy of the August 5,
DATED: October 7, 2016
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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