Herring v. Clark et al

Filing 118

ORDER Granting Defendants' Request for Clarification 117 , signed by District Judge Lawrence J. O'Neill on 5/19/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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HARVEY HERRING III,

1:05-cv-00079-LJO-SMS PC

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Plaintiff,

ORDER GRANTING DEFENDANTS’
REQUEST FOR CLARIFICATION

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v.
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[Doc. 117]
MIKE CLARK, et al.,

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Defendants,
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Harvey Herring III (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
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On May 13, 2011, an order issued granting Plaintiff’s motion for relief from judgment,
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vacating judgment and order dismissing action; vacating a prior order requiring Plaintiff to
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respond to Defendants’ motion for summary judgment; striking a duplicative motion for
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summary judgment; and referring the case back to the Magistrate Judge to rule on pending issues.
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(Doc. 116.) On May 18, 2011, Defendants filed a request for clarification of the May 13th order
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inquiring as to whether their original motion for summary judgment (Doc. 75) had been
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reinstated and was included in the “pending issues” for consideration by the Magistrate Judge.
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(Doc. 117.)
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Accordingly, it is HEREBY ORDERED that Defendants’ motion for clarification, filed
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May 18, 2011, is GRANTED in as much as the parties are informed that the Court is aware of the
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pendency of Defendants’ motion for summary judgment and it is one of the issues that will be
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addressed by the Court in the order(s) to be issued in due course.
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IT IS SO ORDERED.
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Dated:
b9ed48

May 19, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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