Mauwee, Sr. v. Palmer et al

Filing 40

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 12/26/2012 denying as moot 34 Motion to be Placed on Trial Calendar. The Clerk shall take no action re 35 Notice - Default. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
EUGENE A. MAUWEE, SR.,

)
)
Plaintiff,
)
vs.
)
)
JACK PALMER, et al.,
)
)
Defendants.
)
___________________________________ )

3:10-cv-00250-RCJ-WGC
MINUTES OF THE COURT
December 26, 2012

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s December 21, 2012, motion requesting assignment of this case
to be placed upon the trial calendar (Doc. # 34) and Plaintiff’s proposed “default” (Doc. # 35) as to
defendants Palmer, LeGrand, Helling and Ball. Plaintiff’s proposed “default” is procedurally
defective as the requisite affidavit is missing. Further, the docket herein reflects that plaintiff’s civil
rights case was dismissed on December 1, 2010 (Doc. # 11), followed by plaintiff’s appeal of that
decision to the Ninth Circuit (Doc. # 14). Plaintiff’s appeal was ultimately successful, resulting in
the reinstatement of plaintiff’s case on May 31, 2012 (Doc. #26). Following screening of Plaintiff’s
amended complaint (Doc. # 28) on September 21, 2012, this case was stayed for 90 days (Screening
Order, Doc. #29).
Inasmuch as Defendants have filed their answer to the amended complaint (Doc. # 37), this
court issued its Scheduling Order (Doc. # 39) which provides the parties with the various deadlines
for discovery and motion practice.
Therefore, Plaintiff’s motion (Doc. # 34) requesting this case to be placed on the trial
calendar (Doc. # 34) is DENIED as moot. The Clerk shall take no action with regard to Plaintiff’s
proposed “default” (Doc. # 35).
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk