UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
June 16, 2010
ELONZA JESSE TYLER, PLAINTIFF,
EDWARD ALAMEIDA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING MOTION TO MODIFY SCHEDULING ORDER, WITHOUT PREJUDICE, AS MOOT
This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Elonza Jesse Tyler, a state prisoner proceeding pro se and in forma pauperis. On March 25, 2010, Defendants Erly and Smith filed a motion seeking to modify the schedule order. Fed. R. Civ. P. 16(b). In light of the Court's recommendation that Plaintiff's amended complaint be dismissed, with leave to amend, Defendants' motion to modify the scheduling order is moot. If the second amended complaint is found to state cognizable claims, Defendant Erly will be required to respond and the Court will issue an amended scheduling order at the appropriate juncture.
Accordingly, Defendants' motion to modify the scheduling order is HEREBY DENIED as moot.
IT IS SO ORDERED.
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