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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. MITCHELL,

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Plaintiff,

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v.

No. 2:15-cv-1167 TLN AC P

ORDER

SNOWDEN, et al.,
Defendants.

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This case is before this court on remand from the Ninth Circuit Court of Appeals. On

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November 1, 2017, the Court of Appeals vacated this court’s judgment dismissing this case on

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statute of limitations grounds, and remanded for further proceedings on the question whether

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plaintiff Mitchell’s mental illness and multiple prison transfers warrant equitable tolling. See

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ECF No. 43 (Ninth Circuit’s Memorandum opinion in Case No. 16-16848). The Court of

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Appeals affirmed this court’s finding that plaintiff is not entitled to statutory tolling. The Court of

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Appeals also directed this court to “reevaluate whether counsel should be appointed in light of

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Mitchell’s mental illness and medical conditions.” Id. at 2. The Court of Appeals’ Mandate

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issued on November 24, 2017.

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By separate order, this court has appointed attorney Donald A. Lancaster, Jr. to represent

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plaintiff in further proceedings before this court. Defendants continue to be represented by the

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Office of the California Attorney General.

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In light of the procedural posture of the case, IT IS HEREBY ORDERED that:

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1. A status conference is scheduled before the undersigned on Wednesday, January 17,

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2018, at 10:00 a.m., in Courtroom No. 26. Counsel for the parties may appear telephonically and,

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if they intend to do so, shall timely make appropriate arrangements with the undersigned’s

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Courtroom Deputy, Valerie Callen, at 916-930-4199.

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2. At the status conference, counsel shall be prepared to address the scope and timing of

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supplemental briefing on the equitable tolling issue, and whether an evidentiary hearing is

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appropriate.

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IT IS SO ORDERED.

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DATED: November 27, 2017

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