Canada v. Hamkar

Filing 50

ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/2017 VACATING defendant's 25 motion for summary judgment, without prejudice to its renewal. This action is TEMPORARILY STAYED. Within 30 days from plaintiff's release from CMF/DSH custody and the return of his legal materials, plaintiff shall file a request to lift the stay; if plaintiff fails to file such a request, defendant may file a request to lift the stay. The Clerk shall administratively terminate this action. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD CANADA,

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No. 2:14-cv-2990 WBS KJN P

Plaintiff,
v.

ORDER

DOCTOR HAMKAR,
Defendant.

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Plaintiff is a state prisoner, proceeding pro se. On May 3, 2017, defendant was directed to

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file a status report addressing the status of plaintiff’s legal materials. On May 4, 2017, defendant

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filed a status report confirming plaintiff’s temporary housing in the Department of State Hospitals

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in Vacaville (“CMF/DSH”), and plaintiff’s lack of legal materials. Because clinical staff

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determine when inmates can be discharged and returned to their permanent correctional

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institution, it is unknown when plaintiff will be discharged from CMF/DSH and returned to Kern

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Valley State Prison. (ECF No. 49 at 2.) Defendant agrees that this action should be temporarily

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stayed until plaintiff is discharged from CMF/DSH and his legal materials are returned to him.

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The inmate locator website for the California Department of Corrections and Rehabilitation

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reflects that plaintiff remains housed at CMF/DSH as of June 6, 2017.

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Because plaintiff cannot oppose the motion for summary judgment without benefit of his
legal materials, and his current temporary housing prevents his access to such materials, this
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action is temporarily stayed. Plaintiff shall file a request to lift the stay once he has been released

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from CMF/DSH custody and his legal materials have been returned to him. If plaintiff fails to

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file such request, and plaintiff has been released from CMF/DSH custody, defendant may file a

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request to lift the stay. Defendant’s motion for summary judgment is vacated without prejudice

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to its renewal by re-notice once the court has confirmed that plaintiff has been released from

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CMF/DSH and has possession of his legal materials.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s motion for summary judgment (ECF No. 25) is vacated without prejudice

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to its renewal;

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2. This action is temporarily stayed;

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3. Within thirty days from plaintiff’s release from CMF/DSH custody and the return of

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his legal materials, plaintiff shall file a request to lift the stay; if plaintiff fails to file such request,

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defendant may file a request to lift the stay; and

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4. The Clerk of the Court is directed to administratively terminate this action.
Dated: June 7, 2017

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/cana2990.stay

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