Evans v. Sisto et al

Filing 194

ORDER signed by Magistrate Judge Allison Claire on 10/21/14 denying 186 plaintiff's pro se's inapposite motion to reinstate civil-trial proceedings. (Plummer, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JAMES EVANS, 11 Plaintiff, 12 13 No. 2:09-cv-00292 TLN AC v. ORDER J. NUEHRING, et al., 14 Defendants. 15 Plaintiff is a state prisoner proceeding with counsel in a civil rights action under 42 U.S.C. 16 17 § 1983. Plaintiff pro se filed a “motion to reinstate civil-trial for immediate proceedings.” ECF 18 No. 186. However, so long as plaintiff is represented in this matter, he may properly 19 communicate with the court only through his counsel. Moreover, Judge Nunley has denied 20 defendants’ motion to dismiss. See Order at ECF No. 193, filed on September 22, 2014.1 The 21 motion is therefore moot. Accordingly, IT IS HEREBY ORDERED that plaintiff pro se’s inapposite “motion to 22 23 reinstate civil-trial for immediate proceedings,” ECF No. 186, is denied. 24 DATED: October 21, 2014 25 26 27 28 1 Adopting in full the findings and recommendations filed on August 14, 2014 (ECF No. 190).

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