Williams v. Romero et al

Filing 199

ORDER signed by Magistrate Judge Deborah Barnes on 04/19/2024 VACATING 197 Findings and Recommendations and Defendants may file a Response to Plaintiff's Pretrial Statement within 10 days of the date of this Order. (Nair, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,

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Plaintiff,

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v.

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ROMERO, et al.,

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No. 2:17-cv-1884 TLN DB P

ORDER

Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action under 42

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U.S.C. §1983. On September 8, 2023, this court ordered the parties to file pretrial statements.

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(ECF No. 195.) Plaintiff’s statement was due February 23, 2024 but was not filed by that date.

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Defendants timely filed their statement on March 8, 2024. (ECF No. 196.)

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Based on plaintiff’s failure to file a pretrial statement, on March 26, this court issued

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findings and recommendations in which it recommended this action be dismissed for plaintiff’s

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failure to prosecute and failure to comply with court orders. (ECF No. 197.) The following day,

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plaintiff filed his pretrial statement. (ECF No. 198.) This court will accept plaintiff’s pretrial

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statement and will vacate the March 26 findings and recommendations. Defendants will be

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permitted to file a response to plaintiff’s statement. However, they are not required to do so.

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After the court receives a response from defendants or the time for doing so has lapsed, this court

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will issue a pretrial order and set this case for trial.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. Within ten days of the date of this order defendants may file a response to plaintiff’s

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The March 26, 2024 findings are recommendations (ECF No. 197) are vacated; and

pretrial statement.
Dated: April 19, 2024

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DLB:9
DB Prisoner Inbox/Civil Rights/R/will1884.p pts resp

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