Gonzales et al v. Cate et al

Filing 138

ORDER Disregarding 137 Motion for Summary Judgment, signed by Magistrate Judge Michael J. Seng on 12/4/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK GONZALES,
Plaintiff,

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Case No. 1:06-cv-01420-AWI-MJS (PC)
ORDER DISREGARDING MOTION FOR
SUMMARY JUDGMENT

v.
(ECF No. 137)
MATTHEW L. CATE, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, initiated this
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civil rights action pursuant to 42 U.S.C. § 1983 on October 13, 2006. (ECF No. 1.) The
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matter proceeded against Defendants Lantz, Garrison, Nichols, Deathriage, and Govea
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on Plaintiff’s Eighth Amendment claims and against Defendants Garza, Franco, Mayes,
Cate, Fernando, Marrujo, and Fuentes on Plaintiff’s First Amendment claims.

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Defendants, with the exception of Defendant Garza, filed motions for summary
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judgment. (ECF Nos. 117 & 118.) Plaintiff failed to file oppositions despite being
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afforded multiple extensions of time to do so. (See ECF No. 129.) Accordingly, on
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March 14, 2014, the action was dismissed with prejudice for failure to obey a court order
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and failure to prosecute, and the case was closed. (ECF No. 135.)
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On November 26, 2014, Defendant Garza filed a motion for summary judgment.
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(ECF No. 137.) Defendant Garza contends that the other Defendants were dismissed
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from this action and that the case proceeds against him alone. (ECF No. 137-1 at 2.)
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Defendant Garza is incorrect. This action has been dismissed in its entirety and

2 the case closed. Accordingly, Defendant Garza’s motion for summary judgment (ECF
3 No. 137) is HEREBY DISREGARDED.
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IT IS SO ORDERED.
Dated:

December 4, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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