(PC) Loeb v. Audette, et al, No. 2:2007cv00139 - Document 24 (E.D. Cal. 2009)
Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 4/14/09 VACATING 22 Findings and Recommendations; ORDERING that plaintiff shall file a pretrial statement not later than 30 days from the date of this order. Defendants shall file their pretrial statement not later than 20 days after plaintiffs pretrial statement is filed. Pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before the Honorable Garland E. Burrell, Jr. will be set in the pretrial order.(Dillon, M)
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(PC) Loeb v. Audette, et al Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DESMOND LOEB, 11 Plaintiff, 12 vs. 13 No. CIV S-07-0139 GEB EFB P AUDETTE, et al., 14 Defendants. ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 16 17 under 42 U.S.C. § 1983. On February 9, 2009, the court found that plaintiff had failed to file a 18 pretrial statement and recommended that this action be dismissed. On the same day, plaintiff 19 filed a document describing various difficulties with the prison mailroom. He requested both an 20 injunction and leave to amend his complaint to add a claim regarding the same. The deadline for 21 filing pretrial motions has long-since passed, see Sept. 17, 2007 Order, and plaintiff is not 22 specific as to the injunctive relief he seeks. However, plaintiff also requested leave to file a new 23 pretrial statement. Pl.’s Feb. 9, 2009 Mot., Decl. of Pl. in Supp. Thereof ¶ 4. 24 Good cause appearing, it is hereby ORDERED that: 25 1. The February 9, 2009 findings and recommendations are vacated. 26 //// 1 Dockets.Justia.com 1 2. Plaintiff shall file a pretrial statement that complies with Rule 26 of the Federal Rules 2 of Civil Procedure and Local Rule 16-281 not later than 30 days from the date of this order. See 3 Fed. R. Civ. P. 5(d); L.R. 5-133(b)(2). The court does not intend to grant plaintiff any further 4 extensions of time. Additionally, plaintiff’s failure to comply with this order may result in a 5 recommendation that this action be dismissed. 6 7 8 9 10 3. Defendants shall file their pretrial statement not later than twenty days after plaintiff’s pretrial statement is filed. 4. Pretrial conference (as described in Local Rule 16-282) will be conducted on the file only, without appearance by either party. 5. The date for jury trial before the Honorable Garland E. Burrell, Jr. will be set in the 11 pretrial order. 12 Dated: April 14, 2009. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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