UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 8, 2013
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.
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