Rider v. Yates et al

Filing 54

ORDER DENYING Defendants' 45 Motion to Strike Plaintiff's Motion for Summary Judgment or, Alternatively Extend Time for Defendants to File Opposition as Moot signed by Magistrate Judge Sandra M. Snyder on 4/27/2010. (Bradley, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Christopher S. 16 Rider, a state prisoner proceeding pro se and in forma pauperis. This action is proceeding on 17 Plaintiff's amended complaint, filed June 12, 2008, against Defendant Cano for use of excessive 18 force and against Defendant Kahn for denial of medical care, in violation of the Eighth Amendment. 19 Pursuant to the scheduling order, the deadline for filing pretrial dispositive motions passed on May 20 11, 2010. On December 10, 2009, Plaintiff filed his second motion for summary judgment, which 21 consisted only of a narrative. On December 28, 2009, Defendants filed a motion to strike Plaintiff's 22 motion for summary judgment , or, alternatively, extend time for Defendants to file opposition. 23 (Doc. 45.) On February 5, 2010, Plaintiff's second motion for summary judgment, filed December 24 10, 2009, was stricken from the record on the ground that it was procedurally deficient. (Doc. 51.) 25 Since Plaintiff's motion for summary judgment upon which Defendants' request is made has 26 been stricken from the record, Defendants' motion to strike Plaintiff's motion for summary 27 judgment, or, alternatively, extend time for Defendants to file opposition is moot. 28 1 v. JAMES YATES, et al., Defendants. (Doc. 45) / CHRISTOPHER S. RIDER, Plaintiff, CASE NO. 1:07-cv-01516-SMS PC ORDER DENYING DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY EXTEND TIME FOR DEFENDANTS TO FILE OPPOSITION AS MOOT

UNITED STATES DISTRICT COURT

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Accordingly, IT IS HEREBY ORDERED that Defendants' motion to strike Plaintiff's motion for summary judgment, or, alternatively, extend time for Defendants to file opposition, filed December 28, 2009, is DENIED as moot.

IT IS SO ORDERED. Dated: icido3 April 27, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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