Thompson v. Vidurria et al

Filing 57

ORDER DENYING 56 Plaintiff's Motion for Court Order as Unnecessary signed by Magistrate Judge Stanley A. Boone on 1/5/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE THOMPSON,

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Plaintiff,
v.
VIDURRIA, et al.,
Defendants.

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Case No.: 1:14-cv-01896-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR COURT ORDER AS UNNECESSARY
[ECF No. 56]

Plaintiff Tyrone Thompson is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s request for a court order “stating that he is allowed
to proceed against Defendant Martinez,” filed January 4, 2016 (ECF No. 56 at 2.)
This action is proceeding against Defendants Martinez and Vidaurri for deliberate indifference
to a serious medical need in violation of the Eighth Amendment.
On June 2, 2015, Defendant Vidurria filed an answer to the complaint, and Defendant Martinez

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filed a motion to dismiss. (ECF Nos. 14, 15.) On June 3, 2015, the Court issued the discovery and

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scheduling order. (ECF No. 16.)

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On November 17, 2015, the Court denied Defendant Martinez’s motion to dismiss, and

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Defendant Martinez filed an answer to the complaint on December 16, 2015. (ECF Nos. 47, 54.) On

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December 17, 2015, the Court extended the discovery and scheduling order to Defendant Martinez and

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extended the dispositive motion deadlines as to both Defendants. (ECF No. 55.)
Plaintiff is advised that because Defendant Martinez’s motion to dismiss the claims against

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him was denied, this action is proceeding against Defendant Martinez as well as Defendant Vidurria

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and a further court order is unnecessary. Accordingly, Plaintiff’s motion for a court order is DENIED.

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IT IS SO ORDERED.

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Dated:

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January 5, 2016
UNITED STATES MAGISTRATE JUDGE

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