(PC) Grzeslo v. Fisher ( 2023 )


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  • 1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 8 JAMES GRZESLO, 1:21-cv-01371-JLT-EPG (PC) 9 Plaintiff, ORDER GRANTING PLAINTIFF A FINAL EXTENSION OF TIME TO FILE 10 v. HIS STATEMENT 11 (ECF No. 59) B. SUAZO, 12 Defendant. 13 14 Plaintiff James Grzelso is a state prisoner proceeding pro se and in forma pauperis in this 15 civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s First 16 Amendment claim against Defendant Suazo. 17 On April 13, 2023, this Court entered an order requiring the parties to file statements 18 regarding scheduling and discovery within 30 days from the date of service of the order. (ECF 19 No. 57). Upon Plaintiff’s request, the Court extended the deadline for him to file his statement to 20 June 19, 2023. (ECF No. 59). However, Plaintiff still has not filed his statement. 21 The Court recognizes that Plaintiff has filed a petition for writ of mandamus in the Ninth 22 Circuit. (ECF No. 61). However, this filing does not prevent the Court from moving the case 23 forward by entering a schedule, and the Court cannot progress the case without Plaintiff’s 24 statement.1 25 1 See Ellis v. U.S. Dist. Ct. for W. Dist. of Washington (Tacoma), 360 F.3d 1022, 1023 (9th Cir. 2004) 26 (“Indeed, in the context of an extraordinary writ such as mandamus, there is no need for us to relinquish our jurisdiction to the district court because it was never deprived of jurisdiction over the underlying case. 27 See, e.g., Woodson v. Surgitek, Inc., 57 F.3d 1406, 1416 (5th Cir.1995). The district court does not lose jurisdiction over a case merely because a litigant files an interlocutory petition for an extraordinary writ. 28 See id.”). 1 2 Accordingly, IT IS ORDERED as follows: 3 1. Plaintiff will be given a final extension to July 14, 2023, to file his statement. 4 2. If Plaintiff fails to comply with this order, he is advised that this action may be dismissed. 5 IT IS SO ORDERED. 6 Dated: _ June 27, 2023 □□□ hey UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 1:21-cv-01371

Filed Date: 6/27/2023

Precedential Status: Precedential

Modified Date: 6/20/2024