Benson v. Davis Enterprise Newspaper et al

Filing 115

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/13/2011. Within 14 days of date of this Order, parties shall submit a Stipulation and Order resolving issues raised in plaintiffs pro se 114 Emergency Motion for Injunctive Relief. Or, plaintiffs counsel shall, after conferring with his client, withdraw the Motion. Failure to comply with Order may result in imposition of sanctions. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMY JAMISON aka
DWAYNE GARRETT,

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Plaintiff,

No. CIV S-10-0124 KJM EFB P

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vs.
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DAVIS ENTERPRISE NEWSPAPER,
et al.,
Defendants.

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/

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ORDER

Plaintiff is a prisoner represented by counsel in an action brought under 42 U.S.C.
§ 1983. The court appointed Kevin Schwin as plaintiff’s attorney on May 11, 2011.
Plaintiff has filed a pro se motion for preliminary injunction. Dckt. No. 104. Defendants

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opposed his motion. Dckt. No. 104. On June 30, 2011, the court ordered plaintiff’s counsel to

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explain whether plaintiff’s pro se motion for preliminary injunction should be noticed for

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hearing and/or granted. Dckt. No. 110. Plaintiff’s counsel declared that he was discussing a

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stipulation with defense counsel that would resolve the issues raised in plaintiff’s pro se motion.

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Dckt. No. 111. He further declared that he “would also request that Mr. Jamison’s request for

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injunctive relief be granted, if a stipulation cannot be reached.” Id.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the date of this order, the parties shall submit a stipulation and

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proposed order to the court resolving the issues raised in plaintiff’s pro se motion for injunctive

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relief; or, plaintiff’s counsel shall, after conferring with his client and complying with all ethical

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rules, withdraw the motion for injunctive relief; or, plaintiff’s counsel shall write and file a

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properly noticed motion for injunctive relief in accordance with the local rules.

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2. Failure to comply with this order may result in the imposition of sanctions.

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3. The Clerk of the Court is directed to serve a copy of this order upon plaintiff at his

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Yolo County Jail address.

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DATED: July 13, 2011.

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