(PS) Robinson v. Bryant

Filing 43

ORDER signed by Magistrate Judge Dennis M. Cota on 1/7/2021 DENYING 36 Motion for Scheduling Conference. (Mena-Sanchez, L)

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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 11 JOSEPH ROBINSON, 12 13 14 15 No. 2:20-CV-1189-DMC Plaintiff, v. ORDER KENNETH BRYANT, Defendant. 16 17 Plaintiff, who is proceeding pro se, brings this civil action. Pursuant to the written 18 consent of all parties, this case is before the undersigned as the presiding judge for all purposes, 19 including entry of final judgment. See 28 U.S.C. § 636(c); see also ECF No. 25 (District Judge 20 order reassigning action). Pending before the Court is Plaintiff’s request for a scheduling 21 conference, ECF No. 36, which the Court construes as a motion. 22 In his motion, Plaintiff states that the filing of a third amended complaint 23 supersedes the original complaint which is the subject of Defendant’s pending motion to dismiss. 24 Plaintiff concludes, therefore, that the matter is appropriate for scheduling. As explained in 25 orders issued herewith, Plaintiff’s various amended complaints are defective. This action 26 proceeds on the original complaint and, for this reason, Defendant’s motion to dismiss has not 27 been rendered moot. Until Defendant has been ordered to file an answer in this action, a 28 scheduling conference would be premature. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 Plaintiff’s request, ECF No. 36, is construed as a motion for a scheduling conference; and 2. So construed, Plaintiff’s motion is denied. 5 6 7 Dated: January 7, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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