Asberry v. Cate et al

Filing 80

ORDER signed by Magistrate Judge Kendall J. Newman on 1/29/13 ORDERING that this action proceeds only against defendant Phelps. Defendant Phelps motion for summary judgment, filed December 3, 2012 (Dkt. No. 73 ), is now fully briefed (see Dkt. No s. 76 , 79 ); also pending is plaintiffs request for judicial assistance to obtain further evidence in support of his opposition to defendants motion for summary judgment (Dkt. No. 75 ). These matters are now submitted and will each be addressed in due course.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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Plaintiff,

No. 2:09-cv-01494 MCE KJN P

vs.
MATHEW CATE, et al.,

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Defendants.

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ORDER
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The parties have filed a joint stipulation dismissing defendant Hernandez from

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this action. (Dkt. Nos. 77, 78.) As a result, this action proceeds only against defendant Phelps.

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Defendant Phelps’ motion for summary judgment, filed December 3, 2012 (Dkt. No. 73), is now

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fully briefed (see Dkt. Nos. 76, 79); also pending is plaintiff’s request for judicial assistance to

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obtain further evidence in support of his opposition to defendant’s motion for summary judgment

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(Dkt. No. 75). These matters are now submitted and will each be addressed in due course.

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SO ORDERED.
DATED: January 29, 2013
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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asbe1494..misc

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