UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 8, 2013
ANTONIO CORTEZ BUCKLEY,
A. K. SCRIBNER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER DENYING AS MOOT PLAINTIFF'S MOTION FOR SCHEDULING ORDER ECF No. 105)
Plaintiff Antonio Cortez Buckley, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on April 26, 2004 pursuant to 42 U.S.C. § 1983. (ECF No. 1.) The action proceeds on Plaintiff's First Amended Complaint (ECF No. 26) claims that Defendants Dotson, Parangan, Jarralimillio, Peck, Lerman,*fn1 and Ocegura*fn2 violated Plaintiff's First Amendment right to free exercise of religion. (ECF Nos. 29, 48, 51.) Defendants have answered. (ECF Nos. 53, 57.) The Court issued a Second Scheduling Order on May 7, 2013 (ECF No. 106), setting a pre-trial telephonic conference October 11, 2013 and a jury trial December 10, 2013.
Pending before the Court is Plaintiff's April 4, 2013 Motion for a scheduling order setting a trial date. (ECF No. 105.) Since the court issued its Second Scheduling Order on May 7, 2013, Plaintiff's April 4, 2013 Motion is moot and shall be denied on that basis.
Accordingly, for the reasons stated above, Plaintiff's Motion for a scheduling order setting a trial date (ECF No. 105) is DENIED AS MOOT.
IT IS SO ORDERED.