James v. Wilber et al

Filing 97

ORDER STRIKING 95 Plaintiff's Motion for Summary Judgment signed by Magistrate Judge Sheila K. Oberto on 11/27/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICKY W. JAMES,

CASE NO. 1:08-cv-00351-SKO PC

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Plaintiff,

ORDER STRIKING MOTION

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v.

(Doc. 95)

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J. WILBER, et al.,
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Defendants.
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Plaintiff Ricky W. James, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on March 12, 2008. This matter is set for jury trial

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on January 15, 2013.

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On November 26, 2012, Plaintiff filed what he entitled a motion for summary judgment,

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although the motion is virtually identical to Plaintiff’s previously-filed pretrial statement. The

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deadline for filing pretrial dispositive motions expired almost two years ago, and Plaintiff’s motion

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is therefore ORDERED STRICKEN from the record as untimely.1 (Doc. 57.)

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IT IS SO ORDERED.

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Dated:
ie14hj

November 27, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Although the Court declines to consider the procedural sufficiency or the merits of Plaintiff’s motion given
that it was not timely filed, the Court notes that the Ninth Circuit found there exist triable issues of fact in this case.
(Doc. 71.)

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