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Funtanilla v. Tristan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 24, 2010

GREGORIO C. FUNTANILLA, JR., PLAINTIFF,
v.
DAVID TRISTAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER ESTABLISHING NEW DEADLINE FOR THE FILING OF PRETRIAL DISPOSITIVE MOTIONS

Dispositive Motions Deadline - 08-27-2010

Gregorio C. Funtanilla, Jr. ("plaintiff") is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 16, 2002. (Doc. 1.) The action now proceeds on plaintiff's second amended complaint filed on March 10, 2003. (Doc. 36.)

On March 30, 2010, the court issued an order granting defendants' motion to dismiss misjoined defendants and sever claims.*fn1 (Doc. 242.) On May 4, 2010, plaintiff appealed the court's March 30, 2010 order to the Ninth Circuit Court of Appeals. (Doc. 243.) On May 26, 2010, the court vacated the deadline for filing pretrial dispositive motions in this case, pending resolution of the appeal. (Doc. 247.)

On June 15, 2010, the Ninth Circuit Court of Appeals issued an order resolving plaintiff's appeal. (Doc. 248.) Therefore, the court shall establish a new deadline for the parties in this action to file pretrial dispositive motions.

Accordingly, IT IS HEREBY ORDERED that the new deadline for the parties in this action to file pretrial dispositive motions is August 27, 2010 .

IT IS SO ORDERED.


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