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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAMONT SHEPARD, 10 11 12 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., 13 (ECF. Nos. 63, 68) Defendants. / 14 15 Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. At this juncture, this action is 17 proceeding on Plaintiff’s first amended complaint, filed September 16, 2010, against Defendant T. 18 Quillen for excessive force in violation of the Eighth Amendment and J. Wise for retaliation in 19 violation of the First Amendment. On November 30, 2011, Plaintiff filed a motion for summary 20 judgment and on January 4, 2012, Plaintiff filed a motion to withdraw his motion for summary 21 judgment. 22 Plaintiff’s motion to withdraw his summary judgment motion, filed January 4, 2012, is 23 HEREBY GRANTED, and Plaintiff’s motion for summary judgment, filed November 30, 2011, is 24 WITHDRAWN. 25 26 IT IS SO ORDERED. Dated: 10c20k January 25, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 27 28 1

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