Tunstall v. Knowles, et al

Filing 157

ORDER signed by Magistrate Judge John F. Moulds on 10/18/11 ordering plaintiff's motion 137 is denied without prejudice. Within 45 days from the date of this order, counsel shall file a joint proposed briefing schedule for defendants 04/27/11 motion for summary judgment. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT TUNSTALL, 11 Plaintiff, vs. 12 13 No. 2:08-cv-3176 WBS JFM (PC) MIKE KNOWLES, et al., Defendants. 14 ORDER / 15 Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 16 17 U.S.C. § 1983. Plaintiff initiated this action in propria persona. On October 13, 2011, the court 18 appointed counsel to represent petitioner. Good cause appearing, the pending motion filed by 19 plaintiff in propria persona prior to appointment of counsel will be denied without prejudice. 20 Counsel for the parties will be directed to meet and confer and to file, within forty-five days, a 21 proposed briefing schedule for defendants’ April 27, 2011 motion for summary judgment. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s April 7, 2011 motion is denied without prejudice; and 24 ///// 25 ///// 26 ///// 1 2. Within forty-five days from the date of this order, counsel shall file a joint 1 2 proposed briefing schedule for defendants’ April 27, 2011 motion for summary judgment 3 DATED: October 18, 2011. 4 5 6 7 8 12 tuns3176.o4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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