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Tony Asberry v. Mathew Cate

January 29, 2013

TONY ASBERRY, PLAINTIFF,
v.
MATHEW CATE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

The parties have filed a joint stipulation dismissing defendant Hernandez from this action. (Dkt. Nos. 77, 78.) As a result, this action proceeds only against defendant Phelps. Defendant Phelps' motion for summary judgment, filed December 3, 2012 (Dkt. No. 73), is now fully briefed (see Dkt. Nos. 76, 79); also pending is plaintiff's request for judicial assistance to obtain further evidence in support of his opposition to defendant's motion for summary judgment (Dkt. No. 75). These matters are now submitted and will each be addressed in due course.

SO ORDERED.

20130129

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