Opinion
No. CIV S-06-1837 LKK DAD P.
May 19, 2009
ORDER
Plaintiff is a state prisoner proceeding pro se with a civil rights action commenced on August 17, 2006. On May 18, 2009, the court conducted a trial confirmation hearing in this matter. For reasons discussed at the hearing, the trial date in this matter will be vacated, and defendant Crow will be directed to file a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
Accordingly, IT IS HEREBY ORDERED that:
1. The jury trial set for August 18, 2009 is vacated;
2. Defendant Crow shall file a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on or before July 15, 2009. Plaintiff shall file an opposition within thirty days of service of defendant Crow's motion. Defendant Crow shall file a reply, if any, within fifteen days of service of plaintiff's opposition.