Opinion
No. CIV S-03-1208-RRB-CMK-P.
January 14, 2008
ORDER
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's request for a scheduling order (Doc. 39).
A scheduling order was issued September 4, 2007 (Doc. 33). Therefore, this request will be denied. In the event plaintiff did not receive a copy of the scheduling order, the Clerk of the Court will be directed to provide a copy to plaintiff. The remaining dates in the scheduling order, however, will be vacated as discussed below.
Also before the court is a motion for judgment on the pleadings (Doc. 38) filed December 31, 2007. Plaintiff's opposition to this motion is currently due January 22, 2008. Plaintiff's request for a scheduling order will be construed as a request for additional time to respond, which will be granted. Because this motion may be dispositive of the entire case, the remaining dates in the scheduling order will be vacated. If the motion for judgment on the pleadings is denied, the court will issue a new scheduling order. To be sure that plaintiff is clear about the status of this case, he is informed that discovery was closed December 21, 2007. All other dates in the scheduling order will be vacated, including the deadline for pretrial motions and the pretrial conference. These dates will be reset if necessary.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's request for a scheduling order (Doc. 39) is denied;
2. The Clerk of the Court is directed to provide plaintiff a copy of the scheduling order (Doc. 33) filed September 4, 2007;
3. Plaintiff's request is construed as a request for additional time to respond to the motion for judgment on the pleadings (Doc. 38), which is granted;
4. Plaintiff shall have 30 days from the date of this order to respond to the motion for judgment on the pleadings; and
5. The remaining dates in the scheduling order (Doc. 33) are vacated.