Morris v. Nangalama et al

Filing 95

ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/2016 ORDERING plaintiff's 92 , 94 motions are PARTIALLY GRANTED; the 7/1/2016 order is VACATED; defendants' 90 motion for summary judgment is DENIED without prejudice to its renewal; this action is STAYED for 30 days; and 30 days from the date of this order, plaintiff shall file a status report addressing the staus of his current housing. (Yin, K)

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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. Plaintiff filed motions to vacate

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orders issued in the last three months and to temporarily stay this action pending his return from

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his assignment to the Department of Mental Health (“DMH”). (ECF Nos. 92, 94.) Plaintiff avers

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that he was hospitalized from March 17, 2016, to June 20, 2016, and is presently awaiting transfer

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to either Vacaville or Stockton for a higher level of mental health care treatment. Plaintiff claims

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that his personal property, including his legal materials, was taken during his hospitalization, and

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such property will not be returned to him until he is transferred back from the DMH. Thus,

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plaintiff did not receive defendants’ motion, or recent court orders.

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Good cause appearing, plaintiff’s motions are partially granted. The July 1, 2016 order is

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vacated, and defendants’ motion for summary judgment is denied without prejudice to its

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renewal. This action is stayed for thirty days. Thirty days from the date of this order, plaintiff

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shall file a status report addressing the status of his current housing.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions (ECF Nos. 92, 94) are partially granted;

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2. The July 1, 2016 order (ECF No. 93) is vacated;

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3. Defendants’ motion for summary judgment (ECF No. 90) is denied without prejudice

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to its renewal;

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4. This action is stayed for thirty days; and

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5. Thirty days from the date of this order, plaintiff shall file a status report addressing the

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status of his current housing.
Dated: August 2, 2016

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/morr1202.stay

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