(PC) Cantrell v. Tyson, No. 2:2019cv01192 - Document 60 (E.D. Cal. 2022)

Court Description: ORDER signed by Magistrate Judge Dennis M. Cota on 6/24/2022 VACATING 58 Findings and Recommendations and ORDERING that Plaintiff shall file a pre-trial statement and any motions for the attendance of incarcerated witnesses at trial within 30 days of the date of this order. (Huang, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNIE LUCKY CANTRELL, 12 13 14 No. 2:19-CV-1192-TLN-DMC-P Plaintiff, v. ORDER S. TYSON, 15 Defendant. 16 17 18 19 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On January 31, 2022, the Court directed Plaintiff to file a pre-trial statement within 20 30 days. See ECF No. 56. As of March 23, 2022, Plaintiff had not complied, and the Court 21 issued findings and recommendations that this action be dismissed without prejudice for lack of 22 prosecution and failure to comply with court rules and orders. See ECF No. 58. Plaintiff filed 23 objections on April 18, 2022. See ECF No. 59. 24 In his objections, Plaintiff states that he tested positive with the COVID-19 virus 25 in “January and February,” was placed in quarantine and, as a result, he was unable to prepare 26 and file his pre-trial statement within the time allowed therefor. In the interests of justice and 27 providing Plaintiff a full and fair opportunity to present his case, the Court will vacate the March 28 23, 2022, findings and recommendations and provide Plaintiff additional time to file his pre-trial 1 1 statement. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations issued on March 23, 2022, are vacated; 2. Plaintiff shall file a pre-trial statement and any motions for the attendance 4 5 6 and of incarcerated witnesses at trial within 30 days of the date of this order. 7 8 Dated: June 24, 2022 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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