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WITHDRAWN.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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