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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEON E. MORRIS, 12 13 14 15 No. 2:12-cv-1202 MCE KJN P Plaintiff, v. ORDER NANGALAMA, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. On November 16, 2016, the 18 parties were directed to file status reports. On December 14, 2016, defendants filed a status 19 report confirming that on August 24, 2016, plaintiff was transferred to a mental health crisis bed 20 at the Department of State Hospitals (“DSH”) at Salinas Valley State Prison in Soledad, 21 California. (ECF No. 101 at 2.) Plaintiff has not had, and currently does not have, access to his 22 legal materials. (Id.) The litigation coordinator at California State Prison, Sacramento (“CSP- 23 SAC”), confirmed that plaintiff’s legal property will not be returned to plaintiff until he is 24 discharged from the DSH and returns to CSP-SAC. (ECF No. 101-1 at 2.) It is unknown when 25 plaintiff will be returned to CSP-SAC. (ECF No. 101 at 2.) 26 Given plaintiff’s transfer to a mental health crisis bed without benefit of his legal 27 materials, plaintiff is not in a position to oppose defendants’ motion for summary judgment, and it 28 is unclear when plaintiff will be returned to CSP-SAC. Good cause appearing, this action is 1 1 stayed for ninety days. Any party may file a motion to lift the stay upon confirming that plaintiff 2 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. 3 4 Defendants will not be required to re-file the entirety of their motion, but may simply re-notice 5 the motion. However, defendants may not re-notice the motion until after the stay of this action 6 has been lifted, and the record makes clear that plaintiff has been returned to CSP-SAC and is in 7 possession of his legal materials. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Defendants’ motion for summary judgment (ECF No. 97) is denied without prejudice; 10 11 and 2. This action is stayed for ninety days. The Clerk of the Court shall administratively 12 terminate this action. 13 Dated: January 5, 2017 14 15 /morr1202.stay 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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