Shepard v. Quillen
ORDER GRANTING Plaintiff's 68 Motion and WITHDRAWING 63 Motion for Summary Judgment signed by Magistrate Judge Barbara A. McAuliffe on 1/25/2012. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:09-cv-00809-LJO-BAM PC
ORDER GRANTING PLAINTIFF’S MOTION
AND WITHDRAWING MOTION FOR
T. QUILLEN, et al.,
(ECF. Nos. 63, 68)
Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. At this juncture, this action is
proceeding on Plaintiff’s first amended complaint, filed September 16, 2010, against Defendant T.
Quillen for excessive force in violation of the Eighth Amendment and J. Wise for retaliation in
violation of the First Amendment. On November 30, 2011, Plaintiff filed a motion for summary
judgment and on January 4, 2012, Plaintiff filed a motion to withdraw his motion for summary
Plaintiff’s motion to withdraw his summary judgment motion, filed January 4, 2012, is
HEREBY GRANTED, and Plaintiff’s motion for summary judgment, filed November 30, 2011, is
IT IS SO ORDERED.
January 25, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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