Michaud v. Bannister et al

Filing 33

ORDER that the Motions to Compel and Set a Trial Date 26 30 are DENIED. The parties shall submit a proposed discovery plan and scheduling order no later than August 21, 2011. Signed by Chief Judge Robert C. Jones on 7/22/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN MICHAUD,
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Plaintiff,
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vs.
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ROBERT BANNISTER et al.,
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Defendants.
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2:08-cv-01371-RCJ-PAL
ORDER

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Plaintiff John Michaud is a prisoner at the Southern Desert Correctional Center

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(“SDCC”) proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The Court

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dismissed his claims as variously time-barred and moot. The Court of Appeals affirmed in part,

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reversed in part, and remanded for further proceedings as to Eighth Amendment damages claims

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arising out of the alleged denial of cataract surgery in 2007 and 2008.

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Plaintiff has filed a Motion to Compel (ECF No. 26) and a Motion to Set a Trial Date

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(ECF No. 30). First, the motion to compel is moot, as the injury complained of has been

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rectified, i.e., Defendants have agreed to place into Plaintiff’s inmate account the amount

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previously deducted for the costs of the appeal. Second, setting a trial date would be premature.

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As Defendants note, no discovery has yet taken place. Defendants suggest the Court should

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solicit a discovery plan and scheduling order.

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CONCLUSION
IT IS HEREBY ORDERED that the Motions to Compel and Set a Trial Date (ECF Nos.
26, 30) are DENIED.
IT IS FURTHER ORDERED that the parties shall submit a proposed discovery plan and
scheduling order no later than August 21, 2011.

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IT IS SO ORDERED.

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Dated this 22nd day of July, 2011.

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_____________________________________
ROBERT C. JONES
United States District Judge

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