(PC) Hall v. Macomber et al, No. 2:2020cv01701 - Document 49 (E.D. Cal. 2023)
Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/29/2023 VACATING the 47 Findings and Recommendations and DIRECTING Plaintiff to seek an order from this court directing Los Angeles County Sheriff to provide plaintiff with access to the law library within 30 days. Plaintiff must identify specifically when, how, and for what reason he requested access to the Los Angeles County Jail law library and the reasons given, if any, as to why access was denied. (Spichka, K.)
Download PDF
<![CDATA[
(PC) Hall v. Macomber et al Doc. 49 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEMAGEO HALL, 12 13 14 15 No. 2:20-cv-1701 KJM CKD P Plaintiff, v. ORDER JEFF MACOMBER, et al., Defendants. 16 17 On January 12, 2023, the court ordered plaintiff to file a pretrial statement within 30 days. 18 Since plaintiff did not respond to that order, the court recommended on February 28, 2023 that 19 this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure 20 to follow court orders as the court warned it would in the January 12, 2023 order. Plaintiff was 21 given fourteen days within which to object to the court’s recommendation. 22 Plaintiff has not filed objections. Instead, plaintiff asks that this action be dismissed 23 pursuant to Rule 41(a). Plaintiff asserts he seeks dismissal because he is not being granted access 24 to the law library at the Los Angeles County Jail to complete his pretrial statement. 25 Good cause appearing, IT IS HEREBY ORDERED that: 26 1. The court’s February 28, 2023 findings and recommendations are vacated. 27 2. Plaintiff is granted 30 days within which to seek an order from this court directing the 28 Los Angeles County Sheriff to provide plaintiff with access to the law library at the Los Angeles 1 Dockets.Justia.com 1 County Jail so that plaintiff may complete his pretrial statement. In such a request, plaintiff must 2 identify specifically when, how, and for what reason he requested access to the Los Angeles 3 County Jail law library and the reasons given, if any, as to why was denied access. 4 3. If plaintiff does not respond to this order, the court will recommend that plaintiff’s 5 request for voluntary dismissal be granted. 6 Dated: March 29, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 1 hall1701.vd 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
