Kietty v. Walker et al

Filing 87

ORDER DENYING AS MOOT 84 Plaintiff's Motion for Filing Investigative Claim Under Witness Testimony and Vacating Trial Preparation signed by Magistrate Judge Stanley A. Boone on 11/30/2016. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

HUSSEIN ALI KIETTY,

12
13
14
15

Plaintiff,
v.
A. WALKER, et al.,
Defendants.

16
17

)
)
)
)
)
)
)
)
)
)

Case No.: 1:13-cv-00312-SAB (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
MOTION FOR FILING INVESTIGATIVE CLAIM
UNDER WITNESS TESTIMONY AND
VACATING TRIAL PREPARATION
[ECF No. 84]

Plaintiff Hussein Ali Kietty is appearing pro se and in forma pauperis in this civil rights action

18

pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the

19

jurisdiction of the United States Magistrate Judge. Local Rule 302.

20

On November 28, 2016, Plaintiff filed a motion entitled “Motion Filing For Investigative

21

Claim Under Witness Testimony and Relief Vacating Trial Preparation Under Attorney General for

22

Department of Corrections Continuance With Investigation.” Plaintiff seeks to a continuance of the

23

trial dates set forth in District Judge Drozd’s second scheduling order issued October 3, 2016. Judge

24

Drozd’s second scheduling order was vacated on November 22, 2016, when the action was referred

25

and reassigned to the undersigned

26

A hearing was held on this matter on November 29, 2016 at the Trial Scheduling Conference.

27

Hussein Ali Kietty appeared telephonically in pro per and Monica Anderson, Supervising Deputy

28

Attorney General, also appeared telephonically on behalf of the defendants.
1

In light of the Plaintiff comments at the hearing, the Court found no need for the Defendants to

1
2

file an opposition. For the reasons stated on the record, the Plaintiff motion is denied as MOOT.

3
4

IT IS SO ORDERED.

5

Dated:

6

November 30, 2016
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2