Harrison v. Adams, et al

Filing 249

ORDER Denying 242 Plaintiff's Motion for a Scheduling Order and for Ruling on Motion for Summary Judgment, signed by Magistrate Judge Michael J. Seng on 6/19/15. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL D. HARRISON, 12 13 14 Plaintiff, v. Case No. 1:08-cv-1065-AWI-MJS (PC) ORDER DENYING PLAINTIFF’S MOTION FOR A SCHEDULING ORDER AND FOR RULING ON MOTION FOR SUMMARRY JUDGMENT(ECF No. 242) 15 16 17 T. MOORE, et al., Defendants. 18 19 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 20 21 22 rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s Eighth Amendment claims against numerous defendants. (ECF No. 160.) 23 On June 1, 2015, Plaintiff requested the Court to rule on Defendants’ motion for 24 summary judgment and to set a new scheduling order to “allow this matter to proceed.” 25 26 (ECF No. 242.) The Magistrate Judge issued findings and recommendations on the motion for 27 28 summary judgment on June 17, 2015 (ECF No. 247), and the District Judge will review 1 them in due course. It is not appropriate to set the case for trial until this motion has 2 been resolved. 3 Accordingly, Plaintiff’s motion for a scheduling order and for rulling on motion for 4 summary judgment (ECF No. 242) is DENIED. 5 6 7 IT IS SO ORDERED. 8 Dated: June 19, 2015 /s/ 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael J. Seng 2

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