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)
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
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?