Asberry v. Biter

Filing 232

ORDER GRANTING 227 Plaintiff's Motion for Clarification, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/13/2021. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,
Plaintiff,

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Case No. 1:16-cv-01741-NONE-HBK
ORDER GRANTING PLAINTIFF’s MOTION
FOR CLARIFICATION

v.
C. RELEVANTE, et al.,
Defendants.

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Plaintiff Tony Asberry is proceeding pro se in this civil rights action. Pending is

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Plaintiff’s motion for clarification filed December 6, 2021. (Doc. No. 227). In his motion,

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Plaintiff points out that the Court in its November 12, 2021 Order (Doc. No. 226) in setting forth

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the procedural posture of this case incorrectly stated that he did file motions for summary. (Doc.

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No. 227 at 2). Upon re-review of the docket, Plaintiff did indeed file motions for summary

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judgement. (Doc. Nos. 116, 117 and 125). However, because his motions were denied (Doc.

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Nos. 148, 152), this case remains postured for trial. Plaintiff’s motion for clarification is granted

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to the extent the November 12, 2021 Order failed to accurately state that Plaintiff did move for

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summary judgment.

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Plaintiff also seeks clarification on the Court’s instruction that he file a second amended

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pretrial statement. (Doc. No.227 at 2). Plaintiff points out he previously filed a pretrial statement

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and an amended pretrial statement and believed his previous filings were proper. The Court

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directed Plaintiff to file a single free-standing pretrial statement because the Court does not accept

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piecemeal pleadings. On December 27, 2021, Plaintiff filed a second amended pretrial statement.

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(Doc. No. 230). Thus, Plaintiff properly complied with the Court’s Order (Doc. No. 226) and no

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further clarification appears necessary.

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Accordingly, it is ORDERED:

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Plaintiff’s motion for clarification (Doc. No. 227) is granted to the limited extent set forth

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herein.

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Dated:

January 13, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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