Shepard v. Quillen

Filing 62

ORDER Striking 61 Plaintiff's Pretrial Statement, signed by Magistrate Judge Barbara A. McAuliffe on 11/18/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAMONT SHEPARD,

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CASE NO. 1:09-cv-00809-LJO-BAM PC

Plaintiff,

ORDER STRIKING PLAINTIFF’S PRETRIAL
STATEMENT

v.
(ECF. No.61)

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T. QUILLEN, et al.,

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Defendants.
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Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s first amended complaint, filed September 16, 2010, against Defendant T. Quillen for

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excessive force in violation of the Eighth Amendment and J. Wise for retaliation in violation of the

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First Amendment. On March 31, 2011, a discovery and scheduling order issued and this action is

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currently in the discovery phase. Plaintiff filed a pretrial statement on November 16, 2011. The

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deadline for filing pretrial motions is February 9, 2012.

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Once dispositive motions have been filed and ruled upon the Court will issue a scheduling

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order setting dates for the parties to file pretrial statements. Plaintiff’s pretrial statement, filed

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November 16, 2011, is premature and is HEREBY ORDERED STRICKEN FROM THE RECORD.

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IT IS SO ORDERED.
Dated:
10c20k

November 18, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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