Buford v. Wasco State Prison, et al

Filing 240

ORDER Directing Clerk's Office To Change Plaintiff's Address Of Record To San Quentin State Prison, ORDER Striking Request For Ruling (Doc. 238 ), ORDER Granting Plaintiff's Motion To Vacate Second Scheduling, And Set Amended Motion Deadline (Docs. 235 and 237 ), Amended Pretrial Dispositive Motion Deadline: 06/30/2010, signed by Magistrate Judge Sandra M. Snyder on 12/16/2009. (Scrivner, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 This is a civil action filed pursuant to 42 U.S.C. § 12132 (Americans with Disabilities Act) 20 by Plaintiff Timothy Buford, a state prisoner proceeding pro se and in forma pauperis. The action 21 is proceeding on Plaintiff's second amended complaint, filed January 8, 2004, against Defendants 22 Carbajal, Bindel, Huertas, Dobbs, Cheatham, Leong, and Songer. 23 The most recent pretrial dispositive motion deadline was set for September 14, 2009. Neither 24 Plaintiff nor Defendants filed a motion, and on September 18, 2009, the Court issued the Second 25 Scheduling Order, which set this matter for jury trial on April 20, 2010. 26 On October 13, 2009, Plaintiff filed a motion seeking to vacate the scheduling order and set 27 a new deadline to file motions for summary judgment, and on November 2, 2009, Plaintiff filed a 28 1 / v. WASCO STATE PRISON, et al., Defendants. TIMOTHY BUFORD, Plaintiff, CASE NO. 1:01-cv-05192-SMS PC ORDER DIRECTING CLERK'S OFFICE TO CHANGE PLAINTIFF'S ADDRESS OF RECORD TO SAN QUENTIN STATE PRISON ORDER STRIKING REQUEST FOR RULING (Doc. 238) ORDER GRANTING PLAINTIFF'S MOTION TO VACATE SECOND SCHEDULING, AND SET AMENDED MOTION DEADLINE (Docs. 235 and 237)
A m e n d e d Pretrial Dispositive Motion Deadline: 06/30/2010

UNITED STATES DISTRICT COURT

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supplement to his motion. Finally, on November 4, 2009, Plaintiff filed a request for a ruling on his pending motions. Defendants did not file a response to Plaintiff's motions. The Court notes that Plaintiff lists his address on his filings as San Quentin State Prison. Plaintiff's current address of record is Deuel Vocational Institution. The Court has not received a Notice of Change of Address from Plaintiff. Plaintiff is reminded that it is his duty to notify the Court and Defendants' counsel of any changes in his address. In this instance, the Court will direct the Clerk's Office to make the change. Plaintiff's November 4 request for a ruling is inappropriate and shall be stricken from the record. The Court is both perplexed and vexed by the parties' inability or unwillingness to prepare and file motions for summary judgment in this case. There has been ample time for the parties to do so, and the case appears to be amenable to resolution prior to jury trial. It is only because this case appears to be particularly amenable to resolution prior to trial and it is the interest of conservation of the parties' and the Court's resources for such motions to be filed that the Court will again set a new deadline. Accordingly, it is HEREBY ORDERED that: 1. The Clerk's Office shall change Plaintiff's address of record to San Quentin State Prison; 2. 3. Plaintiff's request for a ruling, filed November 4, 2009, is STRICKEN; Plaintiff's motion to vacate the Second Scheduling Order and set a new deadline for pretrial dispositive motions, filed October 13, 2009, and supplemented on November 2, 2009, is GRANTED; 4. 5. The Second Scheduling Order is VACATED in its entirety; and The amended deadline for filing pretrial dispositive motions is June 30, 2010.

IT IS SO ORDERED. Dated: i0d3h8 December 16, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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