Gutierrez v. Gutierrez

Filing 62

ORDER DENYING 55 Motion to Postpone Deposition as MOOT signed by Magistrate Judge Gary S. Austin on 7/19/2015. (Jessen, A)

1
2
3

UNITED STATES DISTRICT COURT

4

EASTERN DISTRICT OF CALIFORNIA

5
6

G. J. GUTIERREZ,

7
8
9

Plaintiff,
vs.

1:13-cv-00421-LJO-GSA-PC
ORDER DENYING MOTION TO POSTPONE
DEPOSITION AS MOOT
(Doc. 55.)

A. GUTIERREZ,

10

Defendant.

11
12

G. J. Gutierrez ("Plaintiff") is a state prisoner proceeding pro se in this civil rights

13

action pursuant to 42 U.S.C. § 1983. This case now proceeds on Plaintiff’s original Complaint,

14

filed on March 22, 2013, against defendant A. Gutierrez (“Defendant”), for use of excessive

15

force in violation of the Eighth Amendment. (Doc. 1.) This case is presently in the discovery

16

phase, pursuant to the court’s scheduling order issued on November 21, 2014. (Doc. 41.)

17

On July 10, 2015, Plaintiff filed a motion to postpone his deposition scheduled for July

18

14, 2015, until after the court has ruled on his motion for appointment of counsel. (Doc. 55.)

19

Plaintiff’s motion to postpone his deposition is now moot, given that Plaintiff’s motion for

20

appointment of counsel was denied on July 14, 2015, and the date of the deposition has passed.

21
22

Therefore, for the reasons set forth above, IT IS HEREBY ORDERED that Plaintiff=s
motion to postpone his deposition, filed on July 10, 2015, is DENIED as moot.

23
24
25
26
27
28

IT IS SO ORDERED.
Dated:

July 19, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE