Houston v. Eldridge et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 03/22/18 DENYING 45 Motion for Extension of time and DENYING 46 Motion to obtain witnesses. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOUSTON,

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No. 2: 16-cv-2561 WBS KJN P

Plaintiff,
v.

ORDER

L. ELDRIDGE, et al.,
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 are plaintiff’s motion for a sixty days extension of

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time to file pretrial motions (ECF No. 45) and motion to obtain witnesses (ECF No. 46.) For the

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following reasons, these motions are denied.

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On March 1, 2018, the undersigned granted plaintiff’s January 30, 2018 motion to modify

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the scheduling order. (ECF No. 49.) The undersigned vacated the March 2, 2018 deadline for

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filing dispositive motions and reset it to May 8, 2018. (Id.) Based on these circumstances,

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plaintiff’s pending motion for a sixty days extension of time to file pretrial motions is moot.

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In the other pending motion, plaintiff requests that several inmates and non-inmates be

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called as his witnesses at trial. (ECF No. 46.) The trial date will be set following resolution of

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summary judgment motions, if appropriate. Plaintiff shall make his request for inmate witnesses

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in his pretrial statements. Plaintiff’s pending motion for witnesses is premature.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an extension of time

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(ECF No. 45) and motion to obtain witnesses (ECF No. 46) are denied.

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Dated: March 22, 2018

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Hou2561.ord
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