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Kirk v. Rackley

United States District Court, E.D. California
Dec 13, 2010
No. CIV S-09-1866-FCD-CMK-P (E.D. Cal. Dec. 13, 2010)

Opinion

No. CIV S-09-1866-FCD-CMK-P.

December 13, 2010


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 to be relieved from the current scheduling order (Doc. 29).

No scheduling order has issued in this case as no answer has been filed. Defendants have been served, and have filed a motion to dismiss. Plaintiff has filed an opposition to the motion and it is currently pending before the court. The court does not generally issue a scheduling order until after an answer to plaintiff's complaint has been filed and the case is at issue. Accordingly, as no scheduling order has been filed, there is no relief available to plaintiff. The court will issue a scheduling order, if appropriate, after the motion to dismiss has been resolved.

Accordingly, IT IS HEREBY ORDERED that plaintiff's request (Doc. 29) to be relieved from the current scheduling order is denied as moot.

DATED: December 13, 2010


Summaries of

Kirk v. Rackley

United States District Court, E.D. California
Dec 13, 2010
No. CIV S-09-1866-FCD-CMK-P (E.D. Cal. Dec. 13, 2010)
Case details for

Kirk v. Rackley

Case Details

Full title:LARRY W. KIRK, Plaintiff, v. R.J. RACKLEY, et al., Defendants

Court:United States District Court, E.D. California

Date published: Dec 13, 2010

Citations

No. CIV S-09-1866-FCD-CMK-P (E.D. Cal. Dec. 13, 2010)