Dowling v. Osborne et al

Filing 45

ORDER granting nunc pro tunc as of January 24, 2013 39 Plaintiff's Motion for Extension of Time to file his response to the motion for summary judgment; granting 44 Defendants' Motion for Extension of Time up to and in cluding February 11, 2013, within which to file their reply to Plaintiff's response; granting 20 and 27 Plaintiff's Motions to Amend the Complaint to correct the name of Officer Hill to be Officer Anthony Hill; and granting 26 Plainti ff's Motion to disregard the Defendants' notice of Plaintiff's failure tofile a pretrial narrative statement. Under the circumstances, the trial date of February 20, 2013, is CANCELLED. Another trial date will be scheduled, if necessary, pending disposition of the motion for summary judgment. Signed by District Judge Thomas W Phillips on February 4, 2013. (mailed to Mr. Dowling) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

CRAIG DOWLING,
Plaintiff,
v.

3:11-cv-609

GARY COLLINS, et al.,
Defendants.

ORDER

This pro se prisoner's civil rights action pursuant to 42 U.S.C. § 1983 is scheduled for
a non-jury trial on February 20, 2013. There are pending various dispositive and nondispositive motions.
The defendants have filed a motion for summary judgment. Plaintiff filed a motion
for extension of time within which to file his response, and subsequently filed his response
to the motion for summary judgment. Plaintiff's motion for extension of time [Court File No.
39] is GRANTED NUNC PRO TUNC as of January 24, 2013.
The defendants have filed a motion for extension of time within which to file their
reply to plaintiff's response. The motion [Court File No. 44] is GRANTED. Defendants
shall have up to and including February 11, 2013, within which to file their reply.

There are also pending plaintiff's two motions to amend his complaint, in which he
seeks to correct the name of Officer Hill to be Officer Anthony Hill. The motions to amend
[Court File Nos. 20 and 27] are GRANTED to that extent.
Plaintiff also filed a motion to disregard the defendants' notice of plaintiff's failure to
file a pretrial narrative statement, because plaintiff filed his pretrial narrative statement.
Plaintiff having filed his pretrial narrative statement, the motion to disregard [Court File No.
26] is GRANTED.
Under the circumstances, the trial date of February 20, 2013, is CANCELLED.
Another trial date will be scheduled, if necessary, pending disposition of the motion for
summary judgment.

ENTER:
s/ Thomas W. Phillips
United States District Judge

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