Foy v. Vallejo Police Department

Filing 100

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFRED JAMES FOY,

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Plaintiff,

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vs.

Defendant.

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/

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ORDER

VALLEJO POLICE DEPARTMENT,

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No. 2:11-cv-3262-MCE-CMK-P

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

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this action be dismissed for plaintiff’s lack of prosecution and failure to comply with court rules

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and orders. Plaintiff failed to file his pretrial statement as ordered, and court orders sent to

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plaintiff were return as undeliverable. Plaintiff filed objections to the findings and

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recommendations stating that he was transferred to another facility and completed a notice of

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change of address, which he indicates may not have been received. He has now updated his

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address with the court, and indicates he wishes to proceed to trial. Accordingly, the findings and

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recommendations will be vacated, and this case will proceed.
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However, this case is currently set for trial on November 14, 2016. Without

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having received the pretrial statements, the court does not anticipate this matter being ready for

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trial by that date. As such, the trial will be continued to January 23, 2017. The parties will be

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required to file pretrial statements, as previously ordered, by the dates set forth below. Failure to

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file a pretrial statement may result in appropriate sanctions, including dismissal of the entire

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action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations issued August 5, 2016, are vacated;

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The trial date of November 14, 2016, is vacated, and the trial is continued

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to January 23, 2017, at 9:00 a.m., before the Honorable Morrison C. England, Jr., in courtroom

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#7, 14th Floor, United States District Court, Eastern District of California, 501 I Street,

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Sacramento, California;

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3.

necessary to obtain the attendance of witnesses at trial, on or before November 21, 2016;

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Plaintiff shall file and serve his pre-trial statement, and any motions

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Defendants shall file their pre-trial statement on or before December 19,

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A pre-trial conference, as described in Local Rule 282, shall be conducted

2016;

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by the undersigned on the file only, without appearances, following submission pre-trial

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statements; and

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The Clerk of the Court is directed to send plaintiff a copy of the court’s

June 8, 2016, order.

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DATED: October 12, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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