Lee v. Alamedia, et al

Filing 95

ORDER Discharging Order To Show Cause (Doc. 88 ), signed by Magistrate Judge Gary S. Austin on 7/28/2011. (Fahrney, E)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 NORRIS LEE, 7 Plaintiff, 8 9 vs. C/O HOUGH, et al., 10 Defendants. ) ) ) ) ) ) ) ) ) ) 1:02-cv-05037-LJO-GSA-PC ORDER DISCHARGING ORDER TO SHOW CAUSE (Doc. 88.) 11 12 Norris Lee ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action pursuant 13 to 42 U.S.C. § 1983. Plaintiff filed this action on January 8, 2002. (Doc. 1.) This action now proceeds 14 on the Second Amended Complaint filed by Plaintiff on March 23, 2010, against defendants Garcia, 15 Hough, and White.1 (Doc. 36.) 16 On July 7, 2011, the Court issued an Order to Show Cause, requiring Plaintiff to file a response 17 within thirty days showing cause why defendant Hough’s motion to dismiss should not be granted for 18 Plaintiff’s failure to file an opposition to the motion. (Doc. 88.) On July 20, 2011, Plaintiff filed an 19 opposition to defendant Hough’s motion to dismiss. (Doc. 92.) In light of the filing of the opposition, 20 the Court finds good cause to discharge the Order to Show Cause. 21 22 Accordingly, good cause appearing, the Court’s Order to Show Cause, issued on July 7, 2011 is HEREBY DISCHARGED. 23 24 IT IS SO ORDERED. 25 Dated: 6i0kij July 28, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 1 28 All other claims and defendants were dismissed from this action by the Court on August 26 2010, based on Plaintiff's failure to state a claim. (Doc. 45.)

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