Tenore v. Goodgame et al

Filing 109

ORDER signed by Senior Judge William B. Shubb on 2/18/15 DENYING 104 Findings and Recommendations; the Court will try this action in April of 2015 as scheduled. Neither side need file a Pretrial Statement. (Meuleman, A)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12

MICHAEL TENORE,

13
14
15
16

No. 2:11-cv-1082 WBS CKD P

Plaintiff,
v.

ORDER

NATHANAEL GOODGAME, et al.,
Defendants.

17
18

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

19

under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

20

28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

21

On December 8, 2014, the magistrate judge filed findings and recommendations herein

22

which were served on both parties and which contained notice that any objections to the findings

23

and recommendations were to be filed within fourteen days. Plaintiff belatedly filed objections

24

(ECF No. 105), and defendants filed a response to the objections (ECF No. 108).

25

In light of plaintiff’s pro se status, the court finds the recommended dismissal too severe a

26

sanction for plaintiff’s failure to file a pretrial statement. Accordingly, the findings and

27

recommendations of the magistrate judge are rejected, and the court will try this action in April of

28

2015 as scheduled. Neither side need file a Pretrial Statement.
1

1

IT IS SO ORDERED.

2
3

Dated: February 18, 2015

4
5
6
7
8
9
10
11

2 / teno1082.805

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2