Opinion
No. CIV S-05-0996-GEB-CMK-P.
August 24, 2007
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 defendants' motion for summary judgment (Doc. 29) filed July 27, 2007.
Pursuant to the scheduling order signed February 7, 2007, a trial date was set for February 5, 2008, with a pretrial conference on November 9, 2007 and pretrial statements due October 26, 2007 and November 2, 2007. Due to the submission of the motion for summary judgment, the court, sua sponte, hereby vacates the pretrial conference and trial dates. The parties are also relieved of their duty to file pretrial statements. If appropriate, the court will issue a new scheduling order by separate order upon resolution of the motion for summary judgment.
Accordingly, IT IS HEREBY ORDERED that the remaining dates in the scheduling order (Doc. 20) are vacated.