Opinion
No. 2:09-cv-0794 GEB EFB P
07-10-2012
VICTOR JOSEPH RODELLA, Plaintiff, v. TERRY JACKSON, et al., Defendants.
ORDER
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On May 21, 2012, the undersigned recommended that this action be dismissed after plaintiff failed to file a pretrial statement as ordered. Dckt. No. 105. Thereafter, plaintiff requested an extension of time to file his pretrial statement, explaining that he did not have access to his legal property until May 24, 2012. Dckt. No. 108. However, aside from requesting a settlement conference and the attendance of three witnesses at trial, plaintiff has not shown that he has taken any steps toward preparing his pretrial statement, which is long overdue.
The court will hold the May 21, 2012 findings and recommendations in abeyance for a period of fourteen days. If plaintiff fails file a pretrial statement within fourteen days, the May 21, 2012 findings and recommendations for dismissal will be submitted to the district judge.
Accordingly, IT IS HEREBY ORDERED that plaintiff's request for a settlement conference (Dckt. No. 106) is denied and plaintiff's request for an extension of time (Dckt. No. 108) is granted as set forth herein.
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EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE