Goldmas v. Van Wegen, et al.

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/26/2017 RECOMMENDING this case be stayed until plaintiff is released from the mental health clinic; plaintiff be ordered to inform the court when he is released from the clinic; and the Clerk be directed to administratively close this case. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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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 RONNIE GOLDMAS, 12 13 14 15 No. 2:16-cv-3009 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. VAN WEGEN, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under 18 42 U.S.C. § 1983. On April 3, 2017, plaintiff’s complaint was screened and found to state a First 19 Amendment retaliation claim against Correctional Officer (“CO”) Bacerra, CO Lo, and Sgt. Van 20 Wegen; and an Eighth Amendment excessive force claim against CO Bacerra and Sgt. Van 21 Wegen. Plaintiff was then directed to file either a first amended complaint or a notice of his 22 willingness to proceed on the complaint as screened. When plaintiff failed to respond to the court 23 order, the undersigned issued an order to show cause why this action should not be dismissed for 24 his failure to comply with a court order. 25 In response, plaintiff, who was transferred to California Health Care Facility (“CHCF”) in 26 February 2017 (see ECF No. 6), filed a letter claiming that he is currently in a mental health 27 clinic, and he does not have access to resources for his case. (ECF No. 11.) He asserts that he will 28 be released when his mental health gets better, but he provides no time frame for this release. 1 1 Because there is no certainty regarding the length of plaintiff’s stay at CHCF, and it is also 2 uncertain when he will regain access to his “resources,”1 the court finds the most appropriate 3 course would be temporarily staying this case until plaintiff regains access. 4 Accordingly, IT IS HEREBY RECOMMENDED that: 5 1. This case be stayed until plaintiff is released from the mental health clinic; 6 2. Plaintiff be ordered to inform the court when he is released from the clinic; and 7 3. The Clerk of the Court be directed to administratively close this case. 8 These findings and recommendations will be submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 10 after being served with these findings and recommendations, any party may file written 11 objections with the court and serve a copy on all parties. The document should be captioned 12 “Objections to Magistrate Judge's Findings and Recommendations.” Any response to the 13 objections shall be filed and served within seven days after service of the objections. The parties 14 are advised that failure to file objections within the specified time may result in waiver of the 15 right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 Dated: July 26, 2017 17 18 19 20 21 /DLB7; DB/Inbox/Substantive/ 22 23 24 25 26 27 28 1 The court construes the term “resources” as legal and personal property. 2

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