Sotelo v. Birring, et al.

Filing 79

ORDER Withdrawing 41 MOTION for SUMMARY JUDGMENT, without Prejudice to Renewal signed by Magistrate Judge Sheila K. Oberto on 02/02/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERTO A. SOTELO,

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Plaintiff,

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CASE NO. 1:08-cv-01342-LJO-SKO
ORDER WITHDRAWING MOTION FOR
SUMMARY JUDGMENT, WITHOUT
PREJUDICE TO RENEWAL

v.
T. BIRRING, et al.,

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(Docs. 41 and 74)
Defendants.
/

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Plaintiff Roberto A. Sotelo, a state prisoner proceeding in forma pauperis, filed this civil

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rights action pursuant to 42 U.S.C. § 1983 on September 10, 2008. This action is proceeding on

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Plaintiff’s amended complaint, filed February on 24, 2009, against Defendants Birring, Das, Diep,

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and Coleman for acting with deliberate indifference to Plaintiff’s medical needs, in violation of the

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Eighth Amendment, and a further schedule was set for these proceedings on February 2, 2012.

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Pursuant to Defendants’ notice, the motion for summary judgment filed by Defendants

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Birring and Das on January 25, 2011, is HEREBY WITHDRAWN, without prejudice to refiling the

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motion. (Docs. 41 and 74.)

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IT IS SO ORDERED.

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Dated:
ie14hj

February 2, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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