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