Mitchell v. Snowden et al

Filing 48

ORDER signed by Magistrate Judge Allison Claire on 11/27/2017 SCHEDULING a Status Conference on Wednesday, 1/17/2018, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. (York, 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 MICHAEL J. MITCHELL, 12 Plaintiff, 13 14 15 v. No. 2:15-cv-1167 TLN AC P ORDER SNOWDEN, et al., Defendants. 16 17 This case is before this court on remand from the Ninth Circuit Court of Appeals. On 18 November 1, 2017, the Court of Appeals vacated this court’s judgment dismissing this case on 19 statute of limitations grounds, and remanded for further proceedings on the question whether 20 plaintiff Mitchell’s mental illness and multiple prison transfers warrant equitable tolling. See 21 ECF No. 43 (Ninth Circuit’s Memorandum opinion in Case No. 16-16848). The Court of 22 Appeals affirmed this court’s finding that plaintiff is not entitled to statutory tolling. The Court of 23 Appeals also directed this court to “reevaluate whether counsel should be appointed in light of 24 Mitchell’s mental illness and medical conditions.” Id. at 2. The Court of Appeals’ Mandate 25 issued on November 24, 2017. 26 By separate order, this court has appointed attorney Donald A. Lancaster, Jr. to represent 27 plaintiff in further proceedings before this court. Defendants continue to be represented by the 28 Office of the California Attorney General. 1 In light of the procedural posture of the case, IT IS HEREBY ORDERED that: 2 1. A status conference is scheduled before the undersigned on Wednesday, January 17, 3 2018, at 10:00 a.m., in Courtroom No. 26. Counsel for the parties may appear telephonically and, 4 if they intend to do so, shall timely make appropriate arrangements with the undersigned’s 5 Courtroom Deputy, Valerie Callen, at 916-930-4199. 6 2. At the status conference, counsel shall be prepared to address the scope and timing of 7 supplemental briefing on the equitable tolling issue, and whether an evidentiary hearing is 8 appropriate. 9 IT IS SO ORDERED. 10 DATED: November 27, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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