Harris v. Rios et al

Filing 102

ORDER GRANTING Defendants' Motion to Strike Plaintiff's Motion for Summary Judgment 96 , signed by Magistrate Judge Michael J. Seng on 12/7/13: Plaintiff's motion for summary judgment 95 is STRICKEN from the record. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONTE ROLANDO HARRIS,
Plaintiff,

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v.
H. A. RIOS, et al.,

Case No. 1:09-cv-00781-MJS (PC)
ORDER GRANTING DEFENDANTS’
MOTION TO STRIKE PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT
(ECF No. 96)

Defendants.

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Plaintiff Donte Rolando Harris, a federal prisoner proceeding pro se, filed this

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civil rights action on April 27, 2009 pursuant to Bivens v. Six Unknown Named Agents

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of Federal Bureau of Narcotics, 403 U.S. 388 (1971).

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Before the Court is Defendants’ October 21, 2013 motion to strike (ECF No. 96)

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Plaintiff’s motion for summary judgment filed (ECF No. 95.) Defendants argue Plaintiff’s

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summary judgment motion is untimely because it was filed after the September 9, 2013

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deadline for filing dispositive motions. Plaintiff has filed a statement of non-opposition to

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Defendants’ motion. (ECF No. 101.)

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Defendants’ unopposed motion to strike shall be granted. Plaintiff’s summary

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judgment motion was filed after the September 9, 2013 deadline for dispositive motions

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(see ECF No. 70) and without the Court’s authorization. It is stricken on that basis. Local

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Rule 110.

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Accordingly, for the reasons stated, Defendants’ motion to strike (ECF No. 96) is
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GRANTED and Plaintiff’s motion for summary judgment (ECF No. 95) is hereby STRIKEN

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from the record.

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IT IS SO ORDERED.

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Dated:

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December 7, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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