No. CIV S-05-1556-CMK-P.
June 15, 2010
Plaintiff, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pursuant to the written consent of all parties, this case is before the undersigned as the presiding judge for all purposes, including entry of final judgment. See 28 U.S.C. § 636(c).
On April 22, 2010, the court issued an order setting a trial date and a deadline to file any successive motions for summary judgment. The trial was set for August 31, 2010, and the last day to file a successive motion for summary judgment was May 14, 2010. On May 14, 2010, Defendants filed a motion for summary judgment. To date, Plaintiff has not responded to that motion, and the proper time for so doing has passed.
Accordingly, the court finds it appropriate to vacate the current trial date. Once the motion for summary judgment has been addressed, if appropriate, the court may reset a trial date.
IT IS SO ORDERED.