Oliverez v. Aibitre et al

Filing 46

ORDER DENYING 45 Plaintiff's Motion for Trial Date as Premature signed by Magistrate Judge Sheila K. Oberto on 4/18/2012. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LOUIS OLIVEREZ, JR., 10 Plaintiff, 11 12 CASE NO. 1:09-cv-00352-LJO-SKO PC ORDER DENYING MOTION FOR TRIAL DATE AS PREMATURE v. BEN ALBITRE, et al., 13 (Doc. 45) Defendants. / 14 15 Plaintiff Louis Oliverez, Jr. is a state prisoner proceeding pro se and in forma pauperis in this 16 civil rights action pursuant to 42 U.S.C. § 1983. On April 13, 2012, Plaintiff filed a motion seeking 17 a trial date. 18 Defendants’ motion for summary judgment is under submission and it will be addressed in 19 due course. Local Rule 230(l). If Defendants’ motion is denied in whole or in part, a trial date will 20 be set at that time. Until then Plaintiff’s request is premature and his motion is HEREBY DENIED 21 on that ground. 22 23 IT IS SO ORDERED. 24 Dated: ie14hj April 18, 2012 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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