Howard v. Gradtillo et al

Filing 97

ORDER Instructing Plaintiff To Clarify His "Pre-Trial Motion" (ECF No. 81 ), Twenty-One Day Deadline, signed by Magistrate Judge Stanley A Boone on 2/8/2013. (Filing Deadline: 3/5/2013)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE HOWARD,

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CASE NO. 1:05-cv-00906-AWI-SAB (PC)

Plaintiff,

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ORDER INSTRUCTING PLAINTIFF TO
CLARIFY HIS “PRE-TRIAL MOTION”

v.
(ECF No. 81.)

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GRADTILLO, et al.,
TWENTY-ONE-DAY DEADLINE

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Defendants.
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Plaintiff Clarence Howard (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s civil action was

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originally filed on June 13, 2005 and a first amended complaint was filed on June 22, 2009. (ECF

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Nos. 1 & 22.) On March 16, 2012, Defendants filed a motion for summary judgment. (ECF No. 79.)

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On May 8, 2012, Plaintiff filed a “Memorandum in Support of Plaintiff’s Pre-Trial Motion.” (ECF

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No. 81.)

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The Court is unable to determine if Plaintiff’s “Memorandum in Support of Plaintiff’s Pre-

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Trial Motion” is an opposition to Defendants’ motion for summary judgment or an attempt to file

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a motion for summary judgment. The Court will not speculate as to Plaintiff’s intentions regarding

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this matter.

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Accordingly, within twenty-one (21) days of the issuance of this order, Plaintiff SHALL

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notify the Court in writing whether his “Memorandum in Support of Plaintiff’s Pre-Trial Motion”

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is an opposition to Defendants’ motion for summary judgment or a motion for summary judgment.

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IT IS SO ORDERED.
Dated:
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February 8, 2013

/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE

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