Buckley v. Scribner, et al

Filing 108

ORDER DENYING AS MOOT 105 Plaintiff's Motion for Scheduling Order signed by Magistrate Judge Michael J. Seng on 5/8/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTONIO CORTEZ BUCKLEY,
Plaintiff,

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CASE NO. 1:04-cv-05622-LJO-MJS (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
MOTION FOR SCHEDULING ORDER

v.
(ECF No. 105)

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A. K. SCRIBNER, et al.,
Defendants.

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/

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Plaintiff Antonio Cortez Buckley, a state prisoner proceeding pro se and in forma
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pauperis, filed this civil rights action on April 26, 2004 pursuant to 42 U.S.C. § 1983.
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(ECF No. 1.) The action proceeds on Plaintiff’s First Amended Complaint
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(ECF No. 26) claims that Defendants Dotson, Parangan, Jarralimillio, Peck, Lerman,1
and Ocegura2 violated Plaintiff’s First Amendment right to free exercise of religion. (ECF

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Nos. 29, 48, 51.) Defendants have answered. (ECF Nos. 53, 57.) The Court issued a
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Second Scheduling Order on May 7, 2013 (ECF No. 106), setting a pre-trial telephonic
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conference October 11, 2013 and a jury trial December 10, 2013.
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Pending before the Court is Plaintiff’s April 4, 2013 Motion for a scheduling order
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setting a trial date. (ECF No. 105.) Since the court issued its Second Scheduling Order
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on May 7, 2013, Plaintiff’s April 4, 2013 Motion is moot and shall be denied on that
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Variously “Lerma”.

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Now deceased.

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basis.
Accordingly, for the reasons stated above, Plaintiff’s Motion for a scheduling

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order setting a trial date (ECF No. 105) is DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated:
ci4d6

May 8, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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