Espey v. Deuel Vocational Institution

Filing 105

ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/16 ordering plaintiff's request to reopen this action 104 is denied as unnecessary. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FLOYD ESPEY,

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No. 2: 13-cv-2147 TLN KJN P
Plaintiff,

v.

ORDER

DEUEL VOCATIONAL INSTITUTION,
et al.,
Defendants.

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Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s January 21, 2016 request to

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reopen this action. (ECF No. 104.) For the following reasons, this request is denied as

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unnecessary.

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On December 10, 2015, the undersigned recommended that this action be dismissed based

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on plaintiff’s failure to prosecute. (ECF No. 100.) On December 23, 2015, plaintiff filed a

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pleading indicating that he intended to prosecute this action. (ECF No. 101.) Accordingly, on

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January 7, 2016, the undersigned vacated the December 10, 2015 findings and recommendations

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and issued a further scheduling order. (ECF No. 102.) This action is set for jury trial on August

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29, 2016, before the Honorable Troy L. Nunley as to plaintiff’s claim that defendant Baath

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improperly discontinued his prescription for Artane.
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Because this action has not been dismissed, IT IS HEREBY ORDERED that plaintiff’s

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request to reopen this action (ECF No. 104) is denied as unnecessary.

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Dated: January 27, 2016

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Es2147.den
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