(PC) Lasher v. Miranda et al, No. 2:2011cv02564 - Document 90 (E.D. Cal. 2014)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 06/24/14 vacating 88 FINDINGS AND RECOMMENDATIONS. Defendants shall file the status report discussed above within 21 days of the date of this order. The clerk of the court is directed to amend court records to reflect plaintiff's new address contained in his 06/19/14 objections 89 . (Plummer, M)

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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 GARY LASHER, 12 13 14 15 No. 2: 11-cv-2564 JAM KJN P Plaintiff, v. ORDER R. MIRANDA, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. This action is set for jury trial before the Honorable John A. Mendez on 19 September 22, 2014. 20 On March 3, 2014, defendants informed the court that plaintiff had been extradited from 21 California to Arizona. (ECF No. 84.) Plaintiff did not file a notice of change of address 22 reflecting his new Arizona address. Accordingly, on March 10, 2014, the undersigned ordered 23 plaintiff to show cause within thirty days why this action should not be dismissed for his failure 24 to file a notice of change of address. (ECF No. 87.) Thirty days passed and plaintiff did not 25 respond to the March 10, 2014 order. Accordingly, on April 18, 2014, the undersigned 26 recommended that this action be dismissed. (ECF No. 88.) 27 28 On June 5, 2014, the April 18, 2014 findings and recommendations were re-served on plaintiff. On June 19, 2014, plaintiff filed objections to the findings and recommendations. (ECF 1 1 No. 89.) Plaintiff anticipates that the Arizona charges will be dismissed, and he will be returned 2 to California, but that can take from 180 to 360 days. (Id.) 3 Good cause appearing, the April 18, 2014 findings and recommendations are vacated. 4 Defendants are directed to file a status report informing the court of the status of the pending 5 criminal charges against plaintiff. Defendants shall inform the court if they are able to obtain 6 information regarding when Arizona officials anticipate the criminal charges against plaintiff will 7 be resolved. 8 Good cause appearing, IT IS HEREBY ORDERED that: 9 1. The April 18, 2014 findings and recommendations (ECF No. 88) are vacated; 10 11 12 13 14 2. Defendants shall file the status report discussed above within twenty-one days of the date of this order; and 3. The Clerk of the Court is directed to amend court records to reflect plaintiff’s new address contained in his June 19, 2014 objections (ECF No. 89). Dated: June 24, 2014 15 16 Lash2564.vac 17 18 19 20 21 22 23 24 25 26 27 28 2

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