Morris v. Nangalama et al

Filing 102

ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/17 ORDERING that defendants' motion for summary judgment (ECF No. 97 ) is DENIED without prejudice; and this action is STAYED for 90 days. The Clerk of the Court shall administratively terminate this action.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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No. 2:12-cv-1202 MCE KJN P

Plaintiff,
v.

ORDER

NANGALAMA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On November 16, 2016, the

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parties were directed to file status reports. On December 14, 2016, defendants filed a status

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report confirming that on August 24, 2016, plaintiff was transferred to a mental health crisis bed

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at the Department of State Hospitals (“DSH”) at Salinas Valley State Prison in Soledad,

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California. (ECF No. 101 at 2.) Plaintiff has not had, and currently does not have, access to his

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legal materials. (Id.) The litigation coordinator at California State Prison, Sacramento (“CSP-

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SAC”), confirmed that plaintiff’s legal property will not be returned to plaintiff until he is

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discharged from the DSH and returns to CSP-SAC. (ECF No. 101-1 at 2.) It is unknown when

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plaintiff will be returned to CSP-SAC. (ECF No. 101 at 2.)

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Given plaintiff’s transfer to a mental health crisis bed without benefit of his legal

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materials, plaintiff is not in a position to oppose defendants’ motion for summary judgment, and it

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is unclear when plaintiff will be returned to CSP-SAC. Good cause appearing, this action is
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stayed for ninety days. Any party may file a motion to lift the stay upon confirming that plaintiff

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has been released from DSH and returned to CSP-SAC or other CDCR custody.
Defendants’ motion for summary judgment is denied without prejudice to its renewal.

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Defendants will not be required to re-file the entirety of their motion, but may simply re-notice

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the motion. However, defendants may not re-notice the motion until after the stay of this action

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has been lifted, and the record makes clear that plaintiff has been returned to CSP-SAC and is in

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possession of his legal materials.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion for summary judgment (ECF No. 97) is denied without prejudice;

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and
2. This action is stayed for ninety days. The Clerk of the Court shall administratively

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terminate this action.

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Dated: January 5, 2017

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/morr1202.stay

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