Foy v. Vallejo Police Department
ORDER signed by Magistrate Judge Craig M. Kellison on 10/12/2016 VACATING the 8/5/2016 findings and recommendations 97 . The 11/14/2016 Trial is VACATED and CONTINUED to 1/23/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. E ngland Jr.. Plaintiff's pre-trial statement and any motions to obtain trial witnesses is due on or before 11/21/2016. Defendants' pre-trial statement is due on or before 12/19/2016. A pre-trial conference shall be conducted by Magistrate Judge Craig M. Kellison on the file only. The Clerk shall send plaintiff a copy of the court's 6/8/2016 order. (Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ALFRED JAMES FOY,
VALLEJO POLICE DEPARTMENT,
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42
U.S.C. § 1983.
On August 5, 2016, the undersigned issued findings and recommendations that
this action be dismissed for plaintiff’s lack of prosecution and failure to comply with court rules
and orders. Plaintiff failed to file his pretrial statement as ordered, and court orders sent to
plaintiff were return as undeliverable. Plaintiff filed objections to the findings and
recommendations stating that he was transferred to another facility and completed a notice of
change of address, which he indicates may not have been received. He has now updated his
address with the court, and indicates he wishes to proceed to trial. Accordingly, the findings and
recommendations will be vacated, and this case will proceed.
However, this case is currently set for trial on November 14, 2016. Without
having received the pretrial statements, the court does not anticipate this matter being ready for
trial by that date. As such, the trial will be continued to January 23, 2017. The parties will be
required to file pretrial statements, as previously ordered, by the dates set forth below. Failure to
file a pretrial statement may result in appropriate sanctions, including dismissal of the entire
action. See Local Rule 110.
Accordingly, IT IS HEREBY ORDERED that:
The Findings and Recommendations issued August 5, 2016, are vacated;
The trial date of November 14, 2016, is vacated, and the trial is continued
to January 23, 2017, at 9:00 a.m., before the Honorable Morrison C. England, Jr., in courtroom
#7, 14th Floor, United States District Court, Eastern District of California, 501 I Street,
necessary to obtain the attendance of witnesses at trial, on or before November 21, 2016;
Plaintiff shall file and serve his pre-trial statement, and any motions
Defendants shall file their pre-trial statement on or before December 19,
A pre-trial conference, as described in Local Rule 282, shall be conducted
by the undersigned on the file only, without appearances, following submission pre-trial
The Clerk of the Court is directed to send plaintiff a copy of the court’s
June 8, 2016, order.
DATED: October 12, 2016
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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