Leyva v. Moreno et al

Filing 66

ORDER signed by Magistrate Judge Carolyn K Delaney on 8/15/11 ORDERING that Plaintiff's MOTION for Extension of time 64 is DENIED as MOOT; Defendant's MOTION to MODIFY the Scheduling Order 65 is GRANTED; and The 10/22/10 Scheduling Order 42 is VACATED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH M. LEYVA,

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Plaintiff,

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vs.

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No. CIV S-08-0076 LKK CKD P

MORENO, et al.,

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Defendant.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. On August 9, 2011, plaintiff moved for a thirty-day

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extension of time to file a pretrial statement. (Dkt. No. #64.) On August 12, 2011, defendants

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moved to modify the scheduling order. (Dkt. No. 65.) As defendants’ motion for summary

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judgment is pending, along with two discovery motions by plaintiff, the court will vacate the

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scheduling order issued October 22, 2010, and refrain from setting new deadlines until the

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dispositive motion is resolved.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extension of time (Dkt. No. #64) is denied as moot;

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2. Defendants’ motion to modify the scheduling order (Dkt. No. #65) is granted;

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and

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3. The October 22, 2010 scheduling order (Dkt. No. #42) is vacated.

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Dated: August 15, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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leyv0076.ord

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