Oliverez v. Aibitre et al

Filing 38

ORDER DENYING Motion for Trial Date as Premature 37 , signed by Magistrate Judge Sheila K. Oberto on 1/3/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LOUIS OLIVEREZ, JR.,

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CASE NO. 1:09-cv-00352-LJO-SKO PC

Plaintiff,

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ORDER DENYING MOTION FOR TRIAL
DATE AS PREMATURE

v.
(Doc. 37)

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BEN ALBITRE, et al.,

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Defendants.
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Plaintiff Louis Oliverez, Jr. is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. On December 23, 2011, Plaintiff filed a motion

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seeking a trial date.

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Currently pending before the Court is Defendants’ motion for summary judgment, filed on

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December 8, 2011. This matter will not be set for trial until and unless Defendants’ motion is denied

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in full or in part. If Defendants’ motion does not resolve the case in its entirety, the Court will, at

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that time, issue another scheduling order as a matter of course.

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Accordingly, Plaintiff’s motion to set a trial date is HEREBY DENIED as premature.

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IT IS SO ORDERED.

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Dated:
i0d3h8

January 3, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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