Garbarini v. Ulit et al

Filing 57

ORDER DENYING Plaintiff's 56 Motion for Court Order Directing Defendants to Respond to Complaint, signed by Magistrate Judge Stanley A. Boone on 12/18/2015. (Marrujo, C)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 RALPH GARBARINI, 8 Plaintiff, 9 10 v. WAYNE ULIT, et al., 11 Defendants. 12 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-01058-AWI-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION FOR COURT ORDER DIRECTING DEFENDANTS TO RESPOND TO COMPLAINT [ECF No. 56] 13 Plaintiff Ralph Garbarini is appearing pro se and in forma pauperis in this civil rights action 14 15 pursuant to 42 U.S.C. § 1983. Now pending before the Court is Plaintiff’s request for a court order directing Defendants to 16 17 file a response to Plaintiff’s first amended complaint, filed December 16, 2015. Plaintiff is advised that Defendants filed a timely answer to Plaintiff’s first amended complaint 18 19 on December 7, 2015, and such answer was served by mail at Plaintiff’s address of record. (ECF No. 20 54.) In response to Defendants’ answer to the complaint, the Court issued the discovery and 21 scheduling order on December 9, 2015. (ECF No. 55.) Accordingly, there is no basis to further order 22 a response by Defendants, and Plaintiff’s motion is DENIED. 23 24 IT IS SO ORDERED. 25 Dated: 26 December 18, 2015 UNITED STATES MAGISTRATE JUDGE 27 28 1

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