Smith v. State of Montana et al

Filing 70

ORDER denying 68 Motion to Comply. Signed by Magistrate Judge John Johnston on 10/7/2016. Mailed to Smith. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
BENJAMIN KARL SMITH,

CV 14–62–H–DLC–JTJ

Plaintiff,
ORDER

vs.
SGT. POSTMA and OFFICER DAVID
AUGUST,1
Defendants.

Plaintiff Benjamin Smith, an inmate proceeding in forma pauperis and
without counsel, filed a Motion to Comply Defendants to Hold Case Conference.
(Doc. 68.) Mr. Smith is asking the Court to require Defendants to hold a case
conference. Although the initial Scheduling Order in this matter required defense
counsel to assume responsibility for convening a conference of all parties for the
purpose of preparing a Proposed Final Pretrial Order, that was only if no
dispositive motions were filed. (Sch. Ord, Doc. 23 at 3.) As dispositive motions
were filed, that aspect of the Scheduling Order is not applicable.
Accordingly, IT IS HEREBY ORDERED THAT Mr. Smith’s Motion to

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The case caption has been amended to reflect the dismissal of some of the
defendants on August 11, 2016. (Doc. 67.)
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Comply (Doc. 68) is DENIED.
DATED this 7th day of October 2016.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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