Anderson v. Kelso, et al.

Filing 158

ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/14 ordering plaintiff's motion for abandonment 154 and motion to diligence 156 are disregarded. The clerk of the court is directed to serve a copy of this order on plaintiff Samuel Anderson V-84409, California State Prison Lancaster, PO Box 8457, Lancaster, California, 93539. (Copy of this order served by mail on plaintiff at CSP-Lancaster) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,

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Plaintiff,

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No. 2: 12-cv-0261 MCE KJN P

v.

ORDER

J. CLARK KELSO, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On November 22, 2013, plaintiff himself filed a document titled “Motion of

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Abandonment.” (ECF No. 154.) Plaintiff alleges that his lawyer has not responded to several

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letters sent to him by plaintiff. (Id.) On December 26, 2013, plaintiff himself filed a document

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titled “Motion to Diligence.” (ECF No. 156.) In this motion, plaintiff requests that the court set a

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pretrial conference and trial date. (Id.)
Because plaintiff is represented by counsel, he may only communicate with the court

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through counsel. After reviewing the docket, it does not appear that counsel has “abandoned”

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plaintiff. Court records indicate that plaintiff’s counsel has conducted depositions. Court records

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also indicate that the court granted the request by plaintiff’s counsel to incur costs.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s “motion of abandonment” (ECF No. 154) and “motion to diligence” (ECF
No. 156) are disregarded; and

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2. The Clerk of the Court is directed to serve a copy of this order on plaintiff Samuel

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Anderson, V-84409, California State Prison-Lancaster, P.O. Box 8457, Lancaster,

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California, 93539.

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Dated: January 8, 2014

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an261.ord

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