Asberry v. Cate et al

Filing 180

ORDER signed by Magistrate Judge Kendall J. Newman on 07/24/14 granting 179 Motion to modify scheduling order. The 08/01/14 dispositive motion cut-off date is vacated. Plaintiff's motion for injunctive relief 158 ; defendants motion for extension of time 165 ; plaintiff's motion for clarification 166 ; and plaintiff's motion to vacate 168 are vacated. (Plummer, M)

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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,

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No. 2: 11-cv-2462 KJM KJN P

v.

ORDER

MATTHEW CATE et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is defendants’ motion to modify the scheduling

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order. (ECF No. 179.) For the following reasons, this motion is granted.
The dispositive motion cut-off date is August 1, 2014. (ECF No. 150.) On July 21, 2014,

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the undersigned recommended that defendants’ motion to dismiss be granted. (ECF No. 178.)

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In the pending motion, defendants’ request that the court vacate the dispositive motion deadline

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until after the District Judge issues an order addressing the pending findings and

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recommendations. Good cause appearing, defendants’ motion is granted.
Because the undersigned has recommended that this action be dismissed, all other pending

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motions within the jurisdiction of the undersigned are vacated as well. If the district court does

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not adopt the findings and recommendations, these pending motions will be reinstated.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. The August 1, 2014 dispositive motion cut-off date is vacated; and

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3. Plaintiff’s motion for injunctive relief (ECF No. 158), defendants’ motion for

Defendants’ motion to modify the scheduling order (ECF No. 179) is granted;

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extension of time (ECF No. 165), plaintiff’s motion for clarification (ECF No. 166),

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plaintiff’s motion for consideration (ECF No. 168), and plaintiff’s motion to vacate

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(ECF No. 171) are vacated.

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Dated: July 24, 2014

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As2462.sch

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