-SMS Josephine Flores v. City of Tulare et al, No. 1:2010cv00394 - Document 20 (E.D. Cal. 2011)

Court Description: ORDER Deeming Plaintiff's Letter (Doc. 19 ) To Be Objections To The Magistrate Judge's FINDINGS AND RECOMMENDATIONS (Doc. 18 ), ORDER Withdrawing Findings And Recommendation (Doc. 18 ), ORDER Setting In-Court Hearing *Date: 5/27/2 011, *Time: 9:30 a.m., * Ctrm: 7, ORDER Requiring Plaintiff Josephine Flores To Personally Appear On May 27, 2011, ORDER Granting Telephonic Appearance By Defense Counsel Only On May 27, 2011, ORDER Directing Clerk To Serve Plaintiff At Address Of Record, signed by Magistrate Judge Sandra M. Snyder on 5/3/2011. (In Court Hearing set for 5/27/2011 at 09:30 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder) (Fahrney, E)
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-SMS Josephine Flores v. City of Tulare et al Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPHINE FLORES, 12 1:10-cv-00394-AWI-SMS ORDER DEEMING PLAINTIFF’S LETTER (Doc. 19) TO BE OBJECTIONS TO THE MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION (Doc. 18) Plaintiff, 13 vs. 14 CITY OF TULARE, et al., 15 ORDER WITHDRAWING FINDINGS AND RECOMMENDATION (Doc. 18) Defendants. / 16 ORDER SETTING IN-COURT HEARING • Date: 5/27/11 • Time: 9:30 a.m. • Ctrm: 7 17 18 19 ORDER REQUIRING PLAINTIFF JOSEPHINE FLORES TO PERSONALLY APPEAR ON MAY 27, 2011 20 21 ORDER GRANTING TELEPHONIC APPEARANCE BY DEFENSE COUNSEL ONLY ON MAY 27, 2011 22 23 ORDER DIRECTING CLERK TO SERVE PLAINTIFF AT ADDRESS OF RECORD 24 25 Plaintiff is proceeding pro se in this civil rights action 26 pursuant to 42 U.S.C. § 1983, as a result of the Court granting 27 her counsel’s motion to withdraw as attorney of record (Doc. 17). 28 // 1 Dockets.Justia.com 1 On April 22, 2011, the Court issued Findings and a 2 Recommendation (Doc. 18) for dismissal of this entire action 3 based on plaintiff’s failure to obey the court’s order of March 4 14, 2011, and failure to prosecute, and granted plaintiff ten 5 (10) days within which to file written objections titled 6 “Objections to Magistrate Judge’s Findings and Recommendation.” 7 On April 29, 2011, plaintiff filed a letter with the court, 8 apologizing for not personally appearing in court on April 15, 9 2011, and advising of her difficulty in locating a lawyer willing 10 to represent her. 11 Therefore, the following is hereby ORDERED: 12 1. 13 are WITHDRAWN (Doc. 18); 14 15 The Findings and Recommendations, filed April 22, 2011, 2. Plaintiff’s letter (Doc. 19) is DEEMED to be Objections to Magistrate Judge’s Findings and Recommendation (Doc. 18). 16 3. This matter is SET for an in-court hearing on May 27, 17 2011, at 9:30 a.m. in Courtroom No. 7 on the Sixth Floor of the 18 Robert E. Coyle United States Courthouse, 2500 Tulare Street, 19 Fresno, CA, 93721, before the undersigned Magistrate Judge, to 20 allow plaintiff additional time to attempt to locate new legal 21 counsel. 22 4. Plaintiff, Josephine Flores, personally appear at the 23 hearing on May 27, 2011, at 9:30 a.m. in Courtroom No. 7 on the 24 Sixth Floor of the Robert E. Coyle United States Courthouse, 2500 25 Tulare Street, Fresno, CA, 93721, to either provide this Court 26 with her new counsel’s information -OR- advise this Court of her 27 intention to prosecute this action in propria persona. 28 // 2 1 5. Defense counsel is GRANTED permission to appear 2 telephonically at the hearing on May 27, 2011 at 9:30 a.m. by 3 calling chambers directly at (559) 499-5690. 4 5 6. That the Clerk serve of copy of this order on plaintiff at her address of record. 6 PLAINTIFF IS ADVISED THAT FAILURE TO PERSONALLY APPEAR 7 AND/OR COMPLY WITH THIS ORDER WILL RESULT IN A[NOTHER] 8 RECOMMENDATION TO THE DISTRICT JUDGE THAT THIS ACTION BE 9 DISMISSED. 10 11 IT IS SO ORDERED. 12 Dated: icido3 May 3, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3