Norwood v. Robinson et al

Filing 57

ORDER DENYING AS MOOT 53 Plaintiff's Motion Requesting the Motion to Dismiss be Construed as a Motion for Summary Judgment signed by District Judge Roslyn O. Silver on 8/30/2011. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Gregory Lynn Norwood,
Plaintiff,

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vs.

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M. Robinson, et al.,
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Defendants.
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No. CV 08-00172-ROS
ORDER

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On June 24, 2011, Plaintiff filed a document “request[ing] that the defendants’ motion

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to dismiss . . . be construed as a motion for summary judgment.” (Doc. 53). There is no

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motion to dismiss pending. Thus, the request to treat defendants’ motion to dismiss as a

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motion for summary judgment will be denied as moot. As set forth in the Court’s Order

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dated July 26, 2011, the parties should be proceeding with discovery.

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Accordingly,

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IT IS ORDERED the Motion Requesting the Motion to Dismiss be Construed as

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Motion for Summary Judgment (Doc. 53) is DENIED AS MOOT.
Dated this 30th day of August, 2011.