(PC) Kendrid v. Yahiya et al

Filing 40

ORDER signed by Magistrate Judge Chi Soo Kim on 9/26/2024 VACATING the 39 findings and recommendations filed 9/17/2024. Within 30 days, plaintiff shall file a status report in accordance with this order. The Clerk shall serve the instant order on plaintiff a the following address: 3131 W. 69th Street, Los Angeles, California 90043. Failure to comply with this order will result in a recommendation of dismissal of 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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FORREST KENDRID,

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Plaintiff,

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v.

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YAHIYA, et al.,

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No. 2:23-cv-1145 TLN CSK P

ORDER

Defendants.

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Plaintiff is a former civil detainee, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. For the following reasons, the findings and recommendations

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issued September 17, 2024 recommending dismissal of this action for failure to prosecute are

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vacated, and plaintiff is ordered to file a status report within thirty days.

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As discussed in the September 17, 2024 findings and recommendations, plaintiff was

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released from the California Medical Facility (“CMF”) on or around June 19, 2024. (ECF No. 39

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at 1-2.) On July 5, 2024, defendants filed a motion to extend the discovery deadline to September

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13, 2024 and the dispositive motion deadline to December 21, 2024. (Id. at 1.) In relevant part,

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defendants stated that on June 25, 2024, after defense counsel determined a new address where

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plaintiff could receive documents, defense counsel served plaintiff with an Amended Notice of

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Taking Deposition. (Id. at 2.) On July 1, 2024, plaintiff called defense counsel to inform them

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that he could not attend the deposition due to the unpredictability of his housing situation. (Id.)
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Plaintiff reported that he was unable to stay at his original housing due to needing a “higher level

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of care,” and that he was currently at Martin Luther King Junior Community Hospital, awaiting

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direction on permanent housing, possibly at a skilled nursing facility. (Id.)

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On July 17, 2024, this Court granted plaintiff thirty days to show cause why this action

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should not be dismissed for his failure to prosecute. (Id.) This Court observed that court records

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reflected that plaintiff did not inform the Court of his new address following his release from

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prison on or around June 10, 2024. (Id.) On July 29, 2024, the July 17, 2024 order to show cause

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served on plaintiff was returned by the United States Postal Service. (Id.) Accordingly, on

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September 17, 2024, this Court recommended that this action be dismissed for failure to

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prosecute. (Id. at 4.)
On September 24, 2024, plaintiff left a voice message with court staff. In the voice

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message, plaintiff states that he is hospitalized and that he is unable to write due to his disability.

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Plaintiff states that following his hospitalization, he will be housed at a board and care home.

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Plaintiff requests that the Court serve his orders on his aunt, whose address plaintiff provides.

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Plaintiff states that his aunt will bring plaintiff’s mail to the hospital and that plaintiff will do his

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best to respond.
This Court is sympathetic to plaintiff’s hospitalization. It is unclear whether plaintiff is

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able to prosecute this action. Accordingly, the September 17, 2024 findings and

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recommendations are vacated. Within thirty days of date of this order, plaintiff shall file a status

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report addressing whether he is still hospitalized or has been moved to a board and care home. In

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the status report, plaintiff shall address whether defendants may depose plaintiff at this time.

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Plaintiff shall also inform the Court of his current address. If plaintiff does not file this status

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report within thirty days, this Court will again recommend dismissal of this action for failure to

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prosecute.

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In plaintiff’s other action proceeding before this Court, case no. 2:22-cv-2301 TLN CSK

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P, the Court received a letter from Yolanda Smith, filed September 24, 2024. 1 In this letter Ms.

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This Court takes judicial notice of Ms. Smith’s letter filed in case no. 2:22-cv-2301. Fed. R.
Evid. 201.
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Smith states that she delivers plaintiff’s mail to plaintiff while he is in the hospital at the Los

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Angeles General Medical Center. Ms. Smith also states that plaintiff’s mailing address is 3131

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W. 69th Street, Los Angeles, California. This Court observes that on September 12, 2024,

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defendants served plaintiff with their third motion to extend all deadlines, filed in the instant

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action, at the address provided by Ms. Smith. (ECF No. 37-2.) In his voicemail, plaintiff stated

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that his mailing address is 3171 W. 61 Street, Los Angeles, California 90043.

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This Court presumes that Ms. Smith is plaintiff’s aunt and that plaintiff may receive mail

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at the address provided in Ms. Smith’s letter. On this one occasion, this Court will direct the

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Clerk of the Court to serve the instant order on plaintiff at the address provided by Ms. Smith.

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Plaintiff is informed that Ms. Smith is not authorized to file pleadings on plaintiff’s behalf.

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Plaintiff shall not further communicate with the Court via telephone/voice mail.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The September 17, 2024 findings and recommendations (ECF No. 39) are vacated;

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2. Within thirty days of the date of this order, plaintiff shall file the status report discussed

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above;

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3. The Clerk of the Court is directed to serve the instant order on plaintiff at the following
address: 3131 W. 69th Street, Los Angeles, California 90043; and

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4. Failure to comply with this order will result in a recommendation of dismissal of this

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action.

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Dated: 9/26/2024

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Ken1145.vac

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