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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR JOSEPH RODELLA,
Plaintiff,

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No. 2:09-cv-0794 GEB EFB P

vs.

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TERRY JACKSON, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On May 21, 2012, the undersigned recommended that this action be dismissed

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after plaintiff failed to file a pretrial statement as ordered. Dckt. No. 105. Thereafter, plaintiff

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requested an extension of time to file his pretrial statement, explaining that he did not have

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access to his legal property until May 24, 2012. Dckt. No. 108. However, aside from requesting

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a settlement conference and the attendance of three witnesses at trial, plaintiff has not shown that

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he has taken any steps toward preparing his pretrial statement, which is long overdue.

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The court will hold the May 21, 2012 findings and recommendations in abeyance for a

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period of fourteen days. If plaintiff fails file a pretrial statement within fourteen days, the May

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21, 2012 findings and recommendations for dismissal will be submitted to the district judge.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a settlement

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conference (Dckt. No. 106) is denied and plaintiff’s request for an extension of time (Dckt. No.

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108) is granted as set forth herein.

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DATED: July 10, 2012.

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