(PC)Brown v. Rio Cosumnes Correctional Center, No. 2:2020cv01369 - Document 23 (E.D. Cal. 2021)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/2021 VACATING 21 Findings and Recommendations; REINSTATING 17 Motion to Compel; ORDERING Defendants to reserve Plaintiff with 17 Motion to Compel within 5 days of the date of this order and file proof of reservice; and ORDERING Plaintiff's response to 17 Motion to Compel is due within 30 days of the date of this order and Defendants may file a reply within 7 days thereafter. (Henshaw, R)
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(PC)Brown v. Rio Cosumnes Correctional Center Doc. 23 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN BROWN, 12 13 14 15 16 No. 2: 20-cv-1369 WBS KJN P Plaintiff, v. ORDER RIO CONSUMNES CORRECTIONAL CENTER, et al., Defendants. 17 18 Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action 19 pursuant to 42 U.S.C. § 1983. On March 23, 2021, the undersigned recommended that this action 20 be dismissed for plaintiff’s failure to prosecute. (ECF No. 21.) On April 15, 2021, plaintiff filed 21 documents demonstrating that on February 16, 2021, he tested positive for COVID-19 at the 22 Sacramento County Jail. (ECF No. 22.) Good cause appearing, the March 23, 2021 findings and 23 recommendations are vacated. 24 On February 21, 2021, defendants filed a motion to compel. (ECF No. 17.) Plaintiff did 25 not file an opposition to the motion to compel. On March 23, 2021, the undersigned vacated the 26 motion to compel when he recommended that this action be dismissed for plaintiff’s failure to 27 prosecute. (ECF No. 21.) It appears that plaintiff’s failure to oppose the motion to compel may 28 be related to his COVID-19 diagnosis. 1 Dockets.Justia.com 1 2 Good cause appearing, defendants’ motion to compel is now reinstated. In an abundance of caution, defendants are directed to reserve plaintiff with the motion to compel. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The March 23, 2021 findings and recommendations are vacated; 5 2. Defendants’ motion to compel (ECF No. 17) is reinstated; within five days of the date 6 of this order, defendants shall reserve plaintiff with the motion to compel and file 7 proof of reservice; 8 3. Plaintiff’s response to the motion to compel is due within thirty days of the date of this 9 10 order; defendants may file a reply within seven days thereafter. Dated: April 23, 2021 11 12 13 Br1369.vac 14 kc 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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