Gonzalez, Jr. v. Gamberg, et al.

Filing 42

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/08/16 ordering that, within 5 days of this order, defendant Lively shall provide the court with an affidavit indicating the date in 2011 on which plaintiff arrived at the California Correctional Institution in Tehachapi, California following his transfer from High Desert State prison. Neither party need take any other further action until further notice from the court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE GONZALEZ, JR.,

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No. 2:14-cv-0737 KJM CKD P

Plaintiff,
v.

ORDER

R. GAMBERG, et al.,

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Defendants.

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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

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rights under 42 U.S.C. § 1983. Defendant Lively’s motion for summary judgment (ECF No. 33)

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is pending. Plaintiff has asserted that the delay in filing his grievance was caused by his fear of

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retaliation, and that his fear was mitigated only when he was transferred to another institution.

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Plaintiff fails to provide the date of his transfer, however. Accordingly, IT IS HEREBY

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ORDERED that, within 5 days of this order, defendant Lively shall provide the court with an

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affidavit indicating the date in 2011 on which plaintiff arrived at the California Correctional

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Institution in Tehachapi, California following his transfer from High Desert State prison. Neither

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party need take any other further action until further notice from the court.

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Dated: December 8, 2016

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1/gonz0737.aff

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE