Rhoden v. Mayberg et al

Filing 50

ORDER (Docs. 43 , 45 & 46 ), signed by Chief Judge B. Lynn Winmill on 9/21/2010. Plaintiff is directed to file a response to the portion of the Report and Recommendation recommending that Defendants' Motion to Dismiss be granted if he wishes to avoid dismissal of his case. (Response due by 9/29/2010) (Scrivner, E)

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(PC) Rhoden v. Mayberg et al Doc. 50 UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA F R E S N O DIVISION L A W T IS DONALD RHODEN, C a s e No. 1:07-cv-1151-BLW-LMB Plaintiff, ORDER v. S T E P H E N W. MAYBERG, BEN M c C L A IN , GEORGE MAYNARD, N O R M KRAMER, CYNTHIA A. R A D A V S K Y , and PAM AHLIN, Defendants. P e n d in g before the Court are a Report and Recommendation issued by the United S ta te s Magistrate Judge and several motions filed by Plaintiff. Having reviewed the re c o rd , the Court enters the following Order. ORDER IT IS HEREBY ORDERED: 1. P la in tif f 'S Motion that the Court Not to Consolidate this Case (Dkt. 43) was G R A N T E D as a result of the Order of (Dkt. 44), and therefore it is MOOT. 2. ORDER - 1 P la in tif f 's Motion Requesting a Second Informational Order (Dkt. 45) is Dockets.Justia.com DENIED. Plaintiff is directed to file a response to the portion of the R e p o r t and Recommendation recommending that Defendants' Motion to Dismiss be granted if he wishes to avoid dismissal of his case. Plaintiff s h a ll have until September 29, 2010, in which to file any objection to the p e n d in g Report and Recommendation. Failure to do so will result in d is m is s a l of Plaintiff's case on the grounds recommended by the United S ta te s Magistrate Judge. 3. P la in tif f 's Motion for Expedited Ruling on Defendants' Motion to Dismiss (D k t. 46) is GRANTED to the extent that the Report and Recommendation h a s been issued. DATED: September 21, 2010 B. LYNN WINMILL C h ie f Judge U n ite d States District Court ORDER - 2

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