(PC) Delphin v. Morley ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY DELPHIN, Case No. 1:19-cv-01076-JLT-SKO (PC) 12 Plaintiff, ORDER DIRECTING DEFENDANTS TO FILE A STATUS REPORT IN 30 DAYS 13 v. AND ORDER DIRECTING CLERK OF THE COURT TO UPDATE ADDRESS TO 14 J. MORLEY, et al., PLAINTIFF’S CURRENT FACILITY 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. 19 I. RELEVANT BACKGROUND 20 On March 28, 2022, the Court issued its Order Scheduling Settlement Conference for May 21 16, 2022, before Magistrate Judge Erica P. Grosjean. (Doc. 65.) 22 On April 6, 2022, an Order and Writ of Habeas Corpus ad Testificandum issued for 23 Plaintiff’s appearance at the settlement conference of May 16, 2022, via Zoom Video Conference. 24 (Doc. 66.) 25 On May 5, 2022, Plaintiff filed a document titled “Agreement to Participate in a Writ of 26 Habeas Corpus ad Testificandum.” (Doc. 67.) 27 On May 6, 2022, Defendants filed notice of submission of their confidential settlement 28 conference statement in anticipation of the settlement conference. (Doc. 68.) 1 On May 11, 2022, Magistrate Judge Grosjean received notification of Plaintiff’s 2 unavailability to participate in the settlement conference of May 16, 2022. Judge Grosjean 3 vacated the settlement conference and the previously issued writ. (Doc. 70 (minute order).) 4 II. DISCUSSION AND ORDER 5 The Court has been advised that Plaintiff was transferred from the California Correctional 6 Institution1 (CCI) to the California Health Care Facility (CHCF) on May 11, 2022, for mental 7 health treatment. Based on the California Department of Corrections and Rehabilitation’s Public 8 Inmate Locator System, Plaintiff is currently housed at CHCF.2 It is not known when Plaintiff 9 will be returned to CCI from CHCF. 10 Because the parties previously indicated a desire to participate in an early settlement 11 conference, and Plaintiff very recently reaffirmed his willingness to participate, the Court intends 12 to reset the settlement conference when appropriate. 13 Accordingly, IT IS ORDERED that: 14 1. Within 30 days of the date of this Order, Defendants shall file a status report updating 15 the Court on Plaintiff’s availability to participate in a settlement conference; and 16 2. The Clerk of the Court is directed to update Plaintiff’s address to reflect his current 17 place of incarceration as the California Health Care Facility. 18 IT IS SO ORDERED. 19 20 Dated: May 16, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 21 22 23 24 1 The Court’s docket currently reflects that Plaintiff is incarcerated at Kern Valley State Prison. (See Doc. 25 54.) 26 2 The Court may take judicial notice of public information stored on the CDCR inmate locator website. See In re Yahoo Mail Litig., 7 F.Supp.3d 1016, 1024 (N.D. Cal. 2014) (court may take judicial notice of 27 information on “publicly accessible websites” not subject to reasonable dispute); Louis v. McCormick & Schmick Restaurant Corp., 460 F.Supp.2d 1153, 1155 fn.4 (C.D. Cal. 2006) (court may take judicial 28 notice of state agency records).