(PC) Houston v. Ngai

E.D. California

(PC) Houston v. Ngai

DecidedSeptember 14, 2023

Docket2:20-cv-01051

StatusUnknown

This text of (PC) Houston v. Ngai ((PC) Houston v. Ngai) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HOUSTON, No. 2:20-cv-1051 KJM DB P 12 Plaintiff, 13 v. ORDER 14 NGAI, et al., 15 Defendants. 16 17 Plaintiff is a former state and current county inmate1 proceeding in forma pauperis with a 18 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants failed to 19 adequately respond to his mental health issues in violation of the Eighth Amendment. Defendants 20 previously sought and were granted modification of the discovery and scheduling order to allow 21 additional time to notice plaintiff’s deposition. (ECF No. 47.) In light of the court’s earlier

22 1 Plaintiff was incarcerated at California Medical Facility when he filed the original complaint 23 (see ECF No. 1). Plaintiff most recent notice of change of address indicates that he is incarcerated at the Sacramento County Main Jail. (ECF No. 38.) The inmate locator website 24 operated by the Sacramento County Sheriff’s Department, located at: https://www.sacsheriff.com/InmateInformation/SearchNames.aspx, indicates that plaintiff 25 remains in the custody of Sacramento County. This court may take judicial notice of such information. See Louis v. McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 26 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records); Pacheco v. Diaz, 27 No. 1:19-cv-0774 SAB (PC), 2019 WL 5073594, at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of the California Department of Corrections and Rehabilitation's inmate locator 28 system). 1 vacation of the deadlines set forth in the discovery and scheduling order (ECF No. 37), the court 2 will reset the dispositive motion deadline as set forth below. 3 Good Cause appearing, IT IS HEREBY ORDERED that dispositive motions, if any, shall 4 be filed on or before November 17, 2023. 5 Dated: September 14, 2023 /s/DEBORAH BARNES 6 UNITED STATES MAGISTRATE JUDGE 7 8

14 DB:12 DB:1Orders/Prisoner/Civil.Rights/hous1051.dispo.mtns 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HOUSTON, No. 2:20-cv-1051 KJM DB P 12 Plaintiff, 13 v. ORDER 14 NGAI, et al., 15 Defendants. 16 17 Plaintiff is a former state and current county inmate1 proceeding in forma pauperis with a 18 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants failed to 19 adequately respond to his mental health issues in violation of the Eighth Amendment. Defendants 20 previously sought and were granted modification of the discovery and scheduling order to allow 21 additional time to notice plaintiff’s deposition. (ECF No. 47.) In light of the court’s earlier

22 1 Plaintiff was incarcerated at California Medical Facility when he filed the original complaint 23 (see ECF No. 1). Plaintiff most recent notice of change of address indicates that he is incarcerated at the Sacramento County Main Jail. (ECF No. 38.) The inmate locator website 24 operated by the Sacramento County Sheriff’s Department, located at: https://www.sacsheriff.com/InmateInformation/SearchNames.aspx, indicates that plaintiff 25 remains in the custody of Sacramento County. This court may take judicial notice of such information. See Louis v. McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 26 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records); Pacheco v. Diaz, 27 No. 1:19-cv-0774 SAB (PC), 2019 WL 5073594, at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of the California Department of Corrections and Rehabilitation's inmate locator 28 system). 1 vacation of the deadlines set forth in the discovery and scheduling order (ECF No. 37), the court 2 will reset the dispositive motion deadline as set forth below. 3 Good Cause appearing, IT IS HEREBY ORDERED that dispositive motions, if any, shall 4 be filed on or before November 17, 2023. 5 Dated: September 14, 2023 /s/DEBORAH BARNES 6 UNITED STATES MAGISTRATE JUDGE 7 8

14 DB:12 DB:1Orders/Prisoner/Civil.Rights/hous1051.dispo.mtns 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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