Davis v. Lynn et al

Filing 28

ORDER DENYING 26 Defendants' Request for Court Order signed by Judge Barry T. Moskowitz on 6/21/2010. (Jessen, A)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Fresno Division

ANTHONY DAVIS CDCR #T-48683, Plaintiff, vs. A. LYNN, et al., Defendants.

Civil No.

1:08cv1245 BTM (BLM)

ORDER DENYING DEFENDANTS' REQUEST FOR COURT ORDER
[Doc. No. 26]

On June 14, 2010, Defendants filed a "Request for Court Order." [Doc. No. 26]. In this request, Defendants indicate that, upon reviewing the Court's docket, they are unable to locate "any order providing a summary of the law governing Plaintiff's obligations with respect to a motion for summary judgment." See Req. at 2. Therefore, the Defendants "respectfully request that the court issue an order containing this summary before the July 15, 2010 dispositive motion deadline." Id. The Court is fully aware of its obligations with respect to the Ninth Circuit Court of Appeal rulings in Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988). However, Defendants have not filed a Motion for Summary Judgment nor have they notified the Court of their intention to file a Motion for Summary
-1E.D. California 1:08cv1245

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Judgment. If Defendants file a Motion for Summary Judgment, the Court will issue the appropriate Order. Until that time, Defendants' request is premature and therefore, it is DENIED. IT IS SO ORDERED.

DATED: June 21, 2010

Honorable Barry Ted Moskowitz United States District Judge

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E.D. California 1:08cv1245