Benyamini v. Manjuano et al

Filing 201

ORDER Vacating Motions for Summary Judgment From Court's Calendar 106 , 152 , signed by Magistrate Judge Gary S. Austin on 8/24/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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1:06-cv-01096-AWI-GSA-PC

Plaintiff,
v.
D. MANJUANO, et al.,

ORDER VACATING MOTIONS
FOR SUMMARY JUDGMENT
FROM COURT’S CALENDAR
(Docs. 106, 152.)

Defendants.
______________________________/

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Robert Benyamini (“Plaintiff”) is a proceeding pro se in this civil rights action pursuant to 42

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U.S.C. § 1983. Two motions for summary judgment by Defendants are pending in this action, one by

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Defendant Debbi Mandujano filed on August 8, 2011, and another by Defendants O'Grady, Wilcox, and

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Wilkerson filed on January 6, 2012. (Docs. 106, 152.)

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Pursuant to the Ninth Circuit's recent decision in Woods v. Carey, 684 F.3d 934, 940 (9th Cir.

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2012), Plaintiff was re-served with the requisite summary judgment notice and has been granted

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permission to withdraw his oppositions to the motions for summary judgment and submit amended

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oppositions within thirty days. (Docs. 191, 197, 199, 200.) Defendants have also been granted

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additional time to reply to Plaintiff's amended oppositions, if any. (Docs. 197, 199.) Accordingly, in

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light of 28 U.S.C. § 476(a)(1), the Civil Justice Reform Act, Defendants’ motions for summary judgment

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are HEREBY DEEMED VACATED from the Court’s calendar until the time has expired for Plaintiff

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to file amended oppositions and for Defendants to reply, and the motions are deemed submitted pursuant

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to Local Rule 230(l).

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IT IS SO ORDERED.

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Dated:
6i0kij

August 24, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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