Gilmore v. Augustus, et al.

Filing 191

ORDER DENYING 190 Motion to Set Trial Date AS PREMATURE, signed by Magistrate Judge Stanley A. Boone on 05/19/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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C. DWAYNE GILMORE,

ORDER DENYING PLAINTIFF’S MOTION
TO SET TRIAL DATE

Plaintiff,

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Case No. 1:12-cv-00925-LJO-SAB -PC

v.
(ECF NO. 190)

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C. LOCKARD, et al.,
Defendants.

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Plaintiff C. Dwayne Gilmore is appearing pro se and in forma pauperis in this civil rights

18 action pursuant to 42 U.S.C. § 1983.
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On May 18, 2016, Plaintiff filed a motion to set a trial date. (ECF No. 190.) Plaintiff is

20 advised that pending before the Court is Plaintiff’s motion for summary judgment filed on
21 December 8, 2015. (ECF No. 156.) Defendants have opposed the motion. (ECF No. 167.) Until
22 such time as the court rules on Plaintiff’s motion for summary judgment, Plaintiff’s request to set
23 a trial date is premature. Should Plaintiff withdraw his motion for summary judgment, the Court
24 will enter a scheduling order, setting pretrial deadlines, including a trial date and a date for a
25 telephonic trial confirmation hearing. If Plaintiff desires to withdraw his motion, he should file a
26 Notice of Withdrawal of Motion for Summary Judgment within twenty days of the date of
27 service of this order. Otherwise, the Court will issue findings and recommendations regarding
28 Plaintiff’s motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to set a trial date is

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IT IS SO ORDERED.

6 Dated:

May 19, 2016
UNITED STATES MAGISTRATE JUDGE

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