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)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED JAMES FOY, 12 Plaintiff, 13 14 vs. Defendant. 16 / 17 19 ORDER VALLEJO POLICE DEPARTMENT, 15 18 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 20 this action be dismissed for plaintiff’s lack of prosecution and failure to comply with court rules 21 and orders. Plaintiff failed to file his pretrial statement as ordered, and court orders sent to 22 plaintiff were return as undeliverable. Plaintiff filed objections to the findings and 23 recommendations stating that he was transferred to another facility and completed a notice of 24 change of address, which he indicates may not have been received. He has now updated his 25 address with the court, and indicates he wishes to proceed to trial. Accordingly, the findings and 26 recommendations will be vacated, and this case will proceed. 1 1 However, this case is currently set for trial on November 14, 2016. Without 2 having received the pretrial statements, the court does not anticipate this matter being ready for 3 trial by that date. As such, the trial will be continued to January 23, 2017. The parties will be 4 required to file pretrial statements, as previously ordered, by the dates set forth below. Failure to 5 file a pretrial statement may result in appropriate sanctions, including dismissal of the entire 6 action. See Local Rule 110. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations issued August 5, 2016, are vacated; 9 2. The trial date of November 14, 2016, is vacated, and the trial is continued 10 to January 23, 2017, at 9:00 a.m., before the Honorable Morrison C. England, Jr., in courtroom 11 #7, 14th Floor, United States District Court, Eastern District of California, 501 I Street, 12 Sacramento, California; 13 14 3. necessary to obtain the attendance of witnesses at trial, on or before November 21, 2016; 15 16 17 Plaintiff shall file and serve his pre-trial statement, and any motions 4. Defendants shall file their pre-trial statement on or before December 19, 5. A pre-trial conference, as described in Local Rule 282, shall be conducted 2016; 18 by the undersigned on the file only, without appearances, following submission pre-trial 19 statements; and 20 21 6. The Clerk of the Court is directed to send plaintiff a copy of the court’s June 8, 2016, order. 22 23 24 25 DATED: October 12, 2016 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?