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Clarence Howard v. Gradtillo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 8, 2013

CLARENCE HOWARD,
PLAINTIFF,
v.
GRADTILLO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Stanley A. Boone United States Magistrate Judge

ORDER INSTRUCTING PLAINTIFF TO CLARIFY HIS "PRE-TRIAL MOTION" (ECF No. 81.) TWENTY-ONE-DAY DEADLINE

Plaintiff Clarence Howard ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff's civil action was originally filed on June 13, 2005 and a first amended complaint was filed on June 22, 2009. (ECF Nos. 1 & 22.) On March 16, 2012, Defendants filed a motion for summary judgment. (ECF No. 79.) On May 8, 2012, Plaintiff filed a "Memorandum in Support of Plaintiff's Pre-Trial Motion." (ECF No. 81.)

The Court is unable to determine if Plaintiff's "Memorandum in Support of Plaintiff's Pre-Trial Motion" is an opposition to Defendants' motion for summary judgment or an attempt to file a motion for summary judgment. The Court will not speculate as to Plaintiff's intentions regarding this matter.

Accordingly, within twenty-one (21) days of the issuance of this order, Plaintiff SHALL notify the Court in writing whether his "Memorandum in Support of Plaintiff's Pre-Trial Motion" is an opposition to Defendants' motion for summary judgment or a motion for summary judgment.

IT IS SO ORDERED.

20130208

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