McElroy v. Cox et al

Filing 16

ORDER signed by District Judge Jeffrey T. Miller on 7/15/2009 setting briefing schedule for 15 MOTION to DISMISS. (Plaintiff's Opposition Deadline: 7/31/2009, Reply Deadline: 8/14/2009). (Lundstrom, T)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 19, 2008, Plaintiff, an inmate currently incarcerated at California State Prison located in Represa, California and proceeding pro se and in forma pauperis, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1.) Pending before the court is Defendants' motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6), filed July 8, 2009. (Doc. No. 15.) // Plaintiff shall file and serve his opposition to the motion no later than July 31, 2009. A responding party who has no opposition to the granting of the motion shall serve and file a statement to that effect, specifically designating the motion in question. Failure of the responding party to file opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion. The moving party may serve and file a reply to the opposition no later than v. ROY COX, et al., Defendants. LATWAHN McELROY, Plaintiff, Civil No. 1:08-cv-1221 JTM (AJB) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS Doc. No. 15 -1- 1:08cv1221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 August 14, 2009, at which time the matter will be taken under submission without oral argument. DATED: July 15, 2009 Hon. Jeffrey T. Miller United States District Judge -2- 1:08cv1221

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