Hightower v. Schwarzenegger, et al

Filing 125

ORDER DISREGARDING AS MOOT 75 and 97 Defendants' Motions to Dismiss for Failure to State a Claim and For Failure to Exhaust Administrative Remedies, signed by Judge Oliver W. Wanger on 9/16/2009. (Jessen, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff, Thomas Hightower, ("Plaintiff") is a state prisoner proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was 17 previously proceeding on Plaintiff's Second Amended Complaint, filed August 13, 2007. (Doc. 18 31.) However, on September 11, 2009 Magistrate Judge Sandra M. Snyder issued a new order 19 re-screening the Second Amended Complaint in light of changed pleading standards. Ashcroft v. 20 Iqbal, ___ U.S. ___, 129 S.Ct. 1937 (2009); Moss v. U.S. Secret Service, 572 F.3d 962 (9th Cir. 21 2009). 22 Based on the foregoing, Defendants' Motions to Dismiss under Fed. R. Civ. P. 12(b) and 23 12(b)(6) filed November 25, 2008 and April 9, 2009, are HEREBY DISREGARDED AS 24 MOOT. 25 IT IS SO ORDERED. 26 27 28 1 Dated: September 16, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE v. ARNOLD SCHWARZENEGGER, et. al., Defendants. / THOMAS HIGHTOWER, Plaintiff, CASE NO. 1:04-cv-06028-OWW-SMS (PC) ORDER DISREGARDING DEFENDANTS' MOTIONS TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES AS MOOT (Docs. 75, 97)

UNITED STATES DISTRICT COURT