Rodella v. Jackson et al

Filing 112

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/2012 ORDERING that plaintiff's 106 request for a settlement conference is DENIED and plaintiff's 108 request for an extension of time is GRANTED as set forth in this order. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VICTOR JOSEPH RODELLA, Plaintiff, 11 No. 2:09-cv-0794 GEB EFB P vs. 12 13 TERRY JACKSON, et al., 14 Defendants. ORDER / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On May 21, 2012, the undersigned recommended that this action be dismissed 18 after plaintiff failed to file a pretrial statement as ordered. Dckt. No. 105. Thereafter, plaintiff 19 requested an extension of time to file his pretrial statement, explaining that he did not have 20 access to his legal property until May 24, 2012. Dckt. No. 108. However, aside from requesting 21 a settlement conference and the attendance of three witnesses at trial, plaintiff has not shown that 22 he has taken any steps toward preparing his pretrial statement, which is long overdue. 23 The court will hold the May 21, 2012 findings and recommendations in abeyance for a 24 period of fourteen days. If plaintiff fails file a pretrial statement within fourteen days, the May 25 21, 2012 findings and recommendations for dismissal will be submitted to the district judge. 26 //// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a settlement 2 conference (Dckt. No. 106) is denied and plaintiff’s request for an extension of time (Dckt. No. 3 108) is granted as set forth herein. 4 DATED: July 10, 2012. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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