McElroy v. Gustafson et al

Filing 122

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/20/16 ordering the court will grant plaintiff another 30 days within which to prepare and file another pretrial statement. In light of the previous 21 days in which a statement was not submitted, the court is not inclined to extend this time any further. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LATHAHN McELROY,

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No. 2:12-cv-1518-TLN-EFB P

Plaintiff,
v.

ORDER

GUSTAFSON,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. His pretrial statement is long overdue. See ECF No. 115. On December 6, 2015,

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he prepared a certificate of service, representing to the court that he had mailed a pretrial

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statement for filing. ECF No. 118. The court, however, is not in receipt of it. In light of a

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misfiling in the Clerk’s Office, it is possible that the statement was misplaced.1 In any event, on

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December 17, 2015, the court granted plaintiff an additional 21 days to submit his pretrial

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statement. ECF No. 119. In response, plaintiff states that he does not have a copy of the

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misplaced pretrial statement. ECF No. 121. Therefore, the court will grant plaintiff another 30

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On December 21, 2015, a notice was filed by a different plaintiff proceeding in a
separate civil action stating that the Clerk had mailed to that plaintiff “a petition” bearing this
case number and belonging to plaintiff Lathawn McElroy, the plaintiff herein. See Maldonado v.
Lizarraga, Case No. 2:15-cv-2436-WBS-EFB, ECF No. 7. Thus, it is entirely possible that the
confusion in the Clerk’s Office resulted in the misplacement of plaintiff McElroy’s pretrial
statement.

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days within which to prepare and file another pretrial statement. In light of the previous 21 days

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in which a statement was not submitted, the court is not inclined to extend this time any further.

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So ordered.

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Dated: January 20, 2016.

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