Tyler v. Alameida, et al

Filing 161

ORDER Denying 160 Plaintiff's Motion for a Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 12/20/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELONZA JESSE TYLER,
Plaintiff,

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CASE NO. 1:-04-cv–06638-LJO-BAM PC
ORDER DENYING PLAINTIFF’S MOTION
FOR A SCHEDULING ORDER

v.
(ECF No. 160)
ALAMEIDA, et al.,
Defendants.

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Plaintiff Elonza Jesse Tyler is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Following remand by the Ninth Circuit of

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Appeal, this action is proceeding against Defendant Smith for deliberate indifference in violation of

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the Eighth Amendment. On December 14, 2011, Plaintiff filed a motion for a scheduling order to

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be issued.

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In this action default was entered against Defendant Smith on February 9, 2010. (ECF No.

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123.) In the findings and recommendations issued June 17, 2010, Defendant Smith was advised that

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if he wished to set aside the default he needed to file a notice of motion and a motion. (ECF No.

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135.) Defendant Smith has not filed a motion to set aside the default. At this juncture in the

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proceedings, the parties need to file a motion pursuant to Federal Rule of Civil Procedure 55.

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Accordingly, Plaintiff’s motion for a scheduling order is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:
10c20k

December 20, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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