Glass v. Scribner, et al

Filing 168

ORDER GRANTING Plaintiff's 164 Motion for Modification of Second Scheduling Order; ORDER VACATING 157 Scheduling Order, signed by Magistrate Judge Dennis L. Beck on 12/14/2009. (Sondheim, M)

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1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 DONALD GLASS, 9 10 v. Plaintiff, CASE NO. 1:04-cv-05953-AWI-DLB PC ORDER GRANTING PLAINTIFF'S MOTION FOR MODIFICATION OF SECOND SCHEDULING ORDER ORDER VACATING SCHEDULING ORDER (Docs. 157, 164) / UNITED STATES DISTRICT COURT 11 A. K. SCRIBNER, et al., 12 13 14 15 Defendants. Plaintiff Donald Glass ("Plaintiff") is a state prisoner proceeding pro se in this civil rights 16 action. The above case is set for jury trial on February 23, 2010. 17 On November 30, 2009, Plaintiff filed a motion for modification of the scheduling order 18 pending resolution of Plaintiff's appeal. Because of the appeal and other scheduling issues, the 19 Court will not be able to have a jury trial in this action by February 23, 2010. Accordingly, the 20 Court will issue a new scheduling order setting a new trial date. 21 Based on the foregoing, it is HEREBY ORDERED that Plaintiff's motion for 22 modification of the second scheduling order, filed on November 30, 2009, is GRANTED and the 23 Court's second scheduling order, filed on September 29, 2009, is VACATED. 24 25 26 27 28 1 IT IS SO ORDERED. Dated: 3b142a December 14, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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