Shepard v. Quillen

Filing 70

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAMONT SHEPARD,

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CASE NO. 1:09-cv-00809-LJO-BAM PC

Plaintiff,

ORDER GRANTING PLAINTIFF’S MOTION
AND WITHDRAWING MOTION FOR
SUMMARY JUDGMENT

v.
T. QUILLEN, et al.,

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(ECF. Nos. 63, 68)
Defendants.
/

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Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. At this juncture, this action is

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proceeding on Plaintiff’s first amended complaint, filed September 16, 2010, against Defendant T.

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Quillen for excessive force in violation of the Eighth Amendment and J. Wise for retaliation in

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violation of the First Amendment. On November 30, 2011, Plaintiff filed a motion for summary

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judgment and on January 4, 2012, Plaintiff filed a motion to withdraw his motion for summary

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judgment.

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Plaintiff’s motion to withdraw his summary judgment motion, filed January 4, 2012, is

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HEREBY GRANTED, and Plaintiff’s motion for summary judgment, filed November 30, 2011, is

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WITHDRAWN.

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IT IS SO ORDERED.
Dated:
10c20k

January 25, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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