Terrazas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES EVANS, JR., No. 2:09-cv-00292-TLN-AC Plaintiff, v. ORDER VACATING TRIAL DATE AND

DISMISSING CASE

TERRAZAS; et al., Defendants. 16 This matter is a claim for damages brought pursuant to 42 U.S.C. § 1983 by Plaintiff James Evans, Jr. (“Plaintiff”) against Defendants Sergeant R. Terrazas and Captain J. Nuehring (“Defendants”). (See generally ECF No. 242.) The matter is set for trial beginning on August 26, 2019. (ECF No. 275.) For the reasons set forth below, the trial date is vacated and the case is dismissed without prejudice. /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff filed his Complaint in February 2009. (ECF No. 1.) Trial was set to commence on April 8, 2019. (ECF No. 272.) In February 2019, the Court issued a minute order resetting the trial date for August 26, 2019. (ECF No. 275.) The Clerk of the Court attempted to serve this minute…