IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 2, 2013
THEODORE HEINEMANN, PLAINTIFF,
This action was transferred from the U.S. District Court for the Northern District of California to this court on October 9, 2012. Plaintiff Theodore Heineman is proceeding pro se. The action has therefore been referred to the undersigned pursuant to Local Rule 302(c)(21) for all purposes encompassed by that rule.
On November 9, 2012, the undersigned issued an order setting a Status (Pretrial Scheduling) Conference in this matter for January 4, 2013. (Doc. No. 27.) Pursuant to that order, plaintiff was to file a status report on or before December 21, 2012, and was cautioned that failure to file a status report may result in an order imposing an appropriate sanction. Nonetheless, plaintiff has failed to file a timely status report. Absent plaintiff's status report, the Court will not proceed with the January 4, 2013 Status (Pretrial Scheduling) Conference.
The court also notes that on December 24, 2012, defendant Williams filed a motion to dismiss this action and noticed that motion for hearing before the undersigned on February 1, 2013. (Doc. No. 28.) In light of the now pending motion to dismiss, it would be premature to hold a Status (Pretrial Scheduling) Conference.
Good cause appearing, IT IS HEREBY ORDERED that the Status (Pretrial Scheduling) Conference set for January 4, 2013, at 10:00 a.m. before the undersigned is vacated.*fn1