Jones v. Kuppinger et al

Filing 109

ORDER signed by Magistrate Judge Allison Claire on 4/13/17 denying 108 Motion for writ of mandate.. (Plummer, 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 HENRY A. JONES, 12 13 14 15 No. 2:13-cv-0451 WBS AC P Plaintiff, v. ORDER P. KUPPINGER, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Defendants’ motion for summary judgment, which 19 was fully briefed as of October 6, 2016, is under submission. Plaintiff has filed a motion for a 20 “writ of mandate,” ECF No. 108, relying on state law to seek an immediate decision on the 21 pending summary judgment motion. Plaintiff states that he “has suffered extensive delay. Said 22 delay has now cause[d] hardship requiring an answer for petitioner if necessary, to obtain further 23 review from a higher court if necessary.” Id. at 1-2. 24 This court will render a decision on the pending motion for summary judgment in the 25 order that it was filed and fully briefed, in relation to other cases with pending motions for 26 summary judgment. There is no authority, under state or federal law, for a party to direct a court 27 to issue an immediate decision. Plaintiff is also reminded of the fact that the Eastern District of 28 California maintains one of the heaviest caseloads in the nation, a significant portion of which is 1 1 comprised of pro se inmate cases such as this one. While the court understands plaintiff’s desire 2 to have this matter resolved expeditiously, these demands on the court often result in unavoidable 3 delays in the resolution of individual matters. 4 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for a writ of mandate, 5 ECF No. 108, is denied with prejudice. 6 DATED: April 13, 2017. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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